Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim is not a part of written statement - It has to be filed as per provision of O.8.R.6-A CPC which clearly indicates that counter claim shall have same effect as a cross suit to enable Court to pronounce final judgment in same suit relating to both on original claim as also counter claim - Plaintiff is at liberty..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Written statement - Amendment - Cannot include counter claim - Counter claim can be filed U.O.8.R.6-A CPC by complying the conditions prescribed therein...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Court fee not paid - Cannot be said to be something which can be categorised as a proceeding pending since it was never properly instituted...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Amendment sought to give a separate cause title to the counter claim - Held, no separate cause title is required to be given to a counter claim - Order rejecting application, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Written statement - Amendment - Defendant seeking to introduce counter claim by way of amendment of written statement - Suit for specific performance - Defendant by way of counter claim seeking recovery of possession of suit property, which according to him was wrongly occupied by..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant is not entitled to any relief merely on the ground that plaintiff has not filed any written statement/rejoinder to such counter claim - Defendant must prove his counter claim by adducing evidence...........
Civil Procedure Code, 1908, Order 8, Rule 6A, 6B, 6C, 6D, 6E, 6F, 6G -- Counter claim - Every principle that applies to adjudication of suits, applies to counter claim also - Counter claim for all practical purposes, resembles an independent suit, be it in the context of limitation, payment of Court fee and the like - Counter claim can be made even while acknowledging any..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Written statement - Amendment to introduce counter claim - Dismissal of application - Causes no prejudice to defendant when he has independent right to file a suit with respect to the matter for which he intends to raise counter claim - Petition dismissed...........
Civil Procedure Code, 1908, Section 96, Order 8, Rule 6A -- Counter claim - Order rejecting counter claim as not maintainable - Order is not appealable - Question of treating counter claim as a plaint arise only when it is entertained and not otherwise - Court when held that counter claim is not maintainable then Court never entertained counter claim as a plaint - Court..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Can be filed when cause of action accrues either before or after the filing of the suit but before defendant has raised his defence...........