Showing : 61-70 of 279 Results

CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
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...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
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..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
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...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
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..........
JHARKHAND HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Permissible when cause of action accrued before institution of suit or before filing of written statement...........
JHARKHAND HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Suit for declaration - Defendant No.1 by way of counter claim only tried to seek relief in respect of suit property to which it had not only objected to plaintiff's cause of action but also claimed its own right, title, ownership and possession in the written statement - Subsequent..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6-- Written statement - Amendment - To incorporate plea of adverse possession - Plea of adverse possession by way of counter claim is not permissible...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - To be treated as a plaint and rules applicable to plaint are applicable to counter claim - Plaintiff is entitled to file a written statement to the counter claim - Counter claim has the same effect as a cross suit - Court to pronounce judgment both on the original claim and counter..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19(1)-- Counter claim - Separate decree not required to be drawn if counter claim is decreed as counter claim is not required to be registered as a separate suit - Whenever a set-off or counter-claim is allowed, the decree shall state what amount is due to the plaintiff and what amount is due to the..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 41-- Appeal - Valuation of appeal - Suit for permanent injunction and declaration - Counter claim - Only the judgment and decree of suit has been challenged in appeal but not the dismissal of counter claim - Valuation of suit thus, would be valuation of appeal for jurisdiction of Appellate Court and..........

Showing : 61-70 of 279 Results