Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - A counter claim can be set up only "against claim of plaintiff"...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Over land beyond suit land - Defendant is barred to raise any counter claim on land which is not suit land - Such a counter claim to be excluded in terms of O.8.R.6-C CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A(3) -- Applications filed for amendment of plaint and filing of written statement to counter claim - These two applications filed when High Court exercising jurisdiction U.O.41.R.25 CPC framed three additional issues and directed District Judge to examine the additional issues,..........
Civil Procedure Code, 1908, Order 8, Rule 6A(4), Civil Procedure Code, 1908, Order 8, Rule 6A(3) -- Second appeal - Suit decreed and counter claim dismissed - One composite appeal as against two independent and distinct decrees, rendered in an independent proceeding where counter claim has to be treated as an independent suit, would not be tenable - Second appeal..........
Civil Procedure Code, 1908, Order 8, Rule 6A, 9 -- Civil Rules of Practice (Kerala) Rr.11, 15 - Counter claim - Counter claim is a subsequent pleading and need not be headed by a cause title - Only a plaint or an original petition that needs to be headed with a cause title as per Kerala Rules...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant in addition to his right to claim set off can also file a counter claim against plaintiff and it will have the effect of cross suit and shall be treated as a plaint and governed by same rule as a plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A, Limitation Act, 1963, Article 113 -- Amendment of written statement setting up counter claim seeking relief of mandatory injunction - Counter claim sought to be set up after five years of filing of written statement - Suit for mandatory injunction is governed by Article 113..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Can only be raised against plaintiff/plaintiffs in the suit and not against a third person or a stranger and for that purpose, no third person or stranger can be impleaded as an additional counter claim defendant...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit property - To be examined in the context of pleadings of counter claim - For the purposes of counter claim the suit property is to be examined in the context of pleading of counter claim and not to be restricted to the property described in plaint...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for mandatory injunction filed by tenant that he be permitted to carry out repairs to the dilapidated portion - Counter claim by landlord seeking vacation of premises on the ground of bona fide necessity - Counter claim filed after a gap of 13 years of institution of suit - Delay in seeking counter claim..........
