Showing : 1-10 of 279 Results

ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13-- Written statement-cum counter claim - Several adjournments availed to file written statement - Defendant debarred from filing written statement - Thereafter defendant proceeded ex parte - Ex parte decree set aside - Held, O.9.R.13 CPC cannot be made for retrieving lost opportunity to file written..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13, 9, 21, 23A, Civil Procedure Code, 1908, Order 8, Rule 6A-- Divorce - Counter claim to seek relief under the Act of 1955 - There is no period of limitation prescribed for filing counter claim in proceedings under Hindu Marriage Act - It is S.23-A of the Act of 1955 which is applicable for seeking counter claim as such O.8.R.6-A CPC is not applicable...........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6C-- Counter claim - Suit for partition - Counter claim to include some properties - Defendant in the suit has right to seek inclusion of properties in the written statement-cum-counter claim - Such properties whether available for partition or they are separate or self acquisition of any party and not..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of written statement to incorporate counter claim - Counter claim time barred - Counter claim which on the face of record is time barred has to be rejected, whether cause of action accrued before filing of suit or after filing of suit - Delayed counter claim must be discouraged...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of written statement to incorporate counter claim - After commencement of trial that too after evidence of DW1 is over - Amendment hit by O.6.R.17 Proviso CPC - Although counter claim can be allowed after framing of issues, however, as a rule delayed counter claim should be rejected -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6B, Civil Procedure Code, 1908, Order 6, Rule 15-- Counter claim - Verification of pleadings - Counter claims cannot be taken into consideration unless contents thereof are verified...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6B-- Counter claim - To be contained in the written statement itself and not by a separate pleading in the same manner as a plaint...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of counter claim - Counter claim can only be based on cause of action which obtain and exist at the time of filing of written statement - Subsequent to filing written statement, any further fresh cause of action by defendant against plaintiff cannot be included in counter claim by way of..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of additional defendants in counter claim - If third parties are also necessary for considering the question of counter claim, they also can be impleaded as additional defendants in the counter claim - However plaintiff has right to say that defendant cannot insist on impleading other..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Can be raised in a suit for partition, as it can be brought in respect of any claim that can be subject matter of an independent suit - Counter claim cannot be confined only to money claims or to causes of action of same nature as original action...........

Showing : 1-10 of 279 Results