Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Restrictions in O.8.R.6 A CPC relating to time of raising a counter claim cannot be extended to one already raised in accordance with law, so long as O.6.R.17 CPC allows him to amend the pleadings...........
Civil Procedure Code, 1908, Section 96, Order 8, Rule 6A -- Counter claim - First appeal - Even if counter-claim is for a lessor amount than the suit claim, even then in respect of counter-claim appeal will lie to the same Court in which appeal will have to be filed in respect of the suit and for the purpose of jurisdiction, composite value of both the suit and..........
Civil Procedure Code, 1908, Section 96, Order 8, Rule 6A, -- First appeal - Suit dismissed and counter claim decreed - Single appeal lies against case and counter claim and only separate court fee has to be paid for the respective claims...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Though `suit' is specifically used in the provision but reliefs sought through other forms before a Court of law are not excluded...........
Civil Procedure Code, 1908, Order 8, Rule 6A, Guardians and Wards Act, 1890, Section 10 -- Counter claim - Petition for appointment of guardian - There is no bar in the Code against raising of counter claim in an original petition seeking for appointment of a guardian for the ward...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim by LR's of deceased - Legal representative of deceased is at liberty to assert his right in his independent capacity - Counter claim held, maintainable - Application allowed...........
Civil Procedure Code, 1908, Order 8, Rule 6A(1) -- Counter claim - Not maintainable, as cause of action for filing counter claim arose after 14 years of filing of written statement - However, dismissal of counter claim would not bar defendant to institute independent suit in accordance with law...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - On basis of different cause of action - Suit for specific performance - Defendant can make counter-claim in respect of any claim that would be subject matter of an independent civil suit - Counter claim made by defendant need not relate to or be connected with original cause of action or matter pleaded by..........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Counter claim - Exclusion after settlement of issues - Merely because application is filed reiterating the request after settlement of issues, it cannot be said that plaintiff loses the right to prove the request...........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Counter claim - Request of plaintiff to exclude counter claim has to be given due weightage - Plaintiff is dominus litis and it is his right to proceed with the civil suit in the manner he feels proper and best suited for proving his case - Though discretion is given to Court to pass appropriate orders in this regard but..........
