Showing : 31-40 of 313 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - It is permissible with respect to cause of action which arose before filing of suit or after filing of suit but before written statement was filed or time for filing written statement has elapsed...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A(1)-- Counter claim - After filing of written statement, counter claim is maintainable - However, cause of action must have accrued to defendant before filing of written statement or before time limited for delivering his defence has expired...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Suit decreed and counter claim dismissed - Two appeal filed thereagainst - Appellate Court consolidated the appeals and disposed them of by a common judgment - Single second appeal by paying separate Court fee filed - Held, appeal is maintainable...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - It has the same effect as a cross suit...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - At the instance of defendant - Partition suit - Non inclusion of certain properties - It is only own pleadings which can be allowed to be amended and not of opposite party - If suit is based on joint possession by payment of fixed court fee can show in the written statement..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, 6E-- Time to file reply to counter-claim - No default on part of plaintiff - Court is duty bound to give time to plaintiff in terms of O.8.R.6-A of CPC and if within prescribed time plaintiff fails to file his reply to counter-claim then Court may pronounce judgment against plaintiff...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Suit for specific performance - Once property was sold by defendant to a third party and if third party had benefited or gained substantially, thereby, it is not open to defendant to make a complaint at a later point of time to say that he is entitled to file a `Counter claim',..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Court Fees Act, 1870, Section 7(iv)(c)-- Counter claim - Suit for declaration - Ad valorem court fee - Whether defendants-petitioners succeed in obtaining said declaration is a different thing - Merits of the case and effect of such declaration is not to be considered - Since, counter claim is only for declaration, therefore, court fee..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Court Fees Act, 1870, Section 7(iv)(c)-- Counter claim - Ad valorem court fee - Held, court fee is to be payable as per the relief claimed in counter claim...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Rejection of counter claim - Counter claim is treated as plaint and is governed by the rules applicable to plaints - Applicability of O.7.R.11 CPC to counter claim cannot be ruled out in total...........

Showing : 31-40 of 313 Results