Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - Amendment sought for setting up counter claim - However, application for amendment and counter claim filed after five years of framing of issues - Sufficient explanation not given for such long delay - Moreover, said application is filed with..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - Recovery suit - Amendment sought for permission to plead a counter claim - Foundation for maintaining a counter claim form part of pleadings in written statement and only the claim amount is sought to be pared down by defendant due to subsequent..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim for possession - Filed after 6 years of filing of suit - Maintainability - Limitation to seek possession of property is 12 years as prescribed under Limitation Act - Counter claim for possession therefore, can be filed after 6 years of filing of suit - Counter claim not barred by limitation and thus,..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim solely against co-defendant - Not maintainable - Counter claim has to be for relief against plaintiff, however, incidentally the same relief can be claimed against a co-defendant...........
Civil Procedure Code, 1908, Order 8, Rule 6A, 5 -- Counter claim - Non-filing of written statement to the counter claim - Facts in counter claim deeded to be admitted in view of O.8.R.5 CPC - Facts admitted need not be proved...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for permanent injunction by tenant restraining landlord from evicting him without following due process of law - Defendant can advance a counter claim with the relief of eviction, arrears, house rent and damage - In view of admitted relationship, such a counter claim can never be said to be not..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Transfer of Property Act, 1882, Section 106 -- Counter claim - Averments made in counter claim regarding termination of tenancy themselves constitute notice as mandated u/s 106 of T.P.Act which matures upon expiry of 15 days from the date of its service upon tenant or his counsel and its prematurity has not been raised and..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Immovable property situate outside territorial jurisdiction of Court - No relief an be granted - Held, counter claim not maintainable...........
Civil Procedure Code, 1908, Section 11, Order 8, Rule 6A -- Counter claim - Defendant failing both in the suit and in counter claim - Held, defendant has to file separate appeals challenging decree in the suit and counter claim - Appeal against decree in the suit will be barred by res judicata...........
Civil Procedure Code, 1908, Order 8, Rule 6A, 9 -- Counter claim - Normally, counter claim is to be set up before written statement is filed - However, defendant can set off defence or counter claim with leave of Court even after filing of written statement upon such terms as Court thinks fit...........
