Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Right to file - Allowed subject to affixation of court fee - Failure to pay court fee - Court has to give time to file written statement...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Filing counter claim and allowing the same interse defendants - Permissibility and legality - Neither permitted nor legal - Granting relief on such counter claim - Illegal...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Right to file - Appropriate stage explained - Need not be raised in written statement - It has to be registered as a cross suit to be disposed of in same trial - Rejection of counter claim on ground that it ought to have been raised in written statement - Not proper...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Has to be treated as cross suit, which contains all features of regular plaint - Can be filed after written statement - Must fulfil all conditions - Subject also to condition that such cause of action arises either before or after filing of suit, upper limit of which is filing of written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Written statement - Amendment sought in written statement to set up counter claim - Held, counter claim by amendment of written statement cannot be set up when claim is barred by time...........
Hindu Marriage Act, 1955, Section 23A, 13, Civil Procedure Code, 1908, Order 8, Rule 6A -- Petition for judicial separation by wife - Counter claim by husband seeking a decree for dissolution of marriage on ground of cruelty - Husband paid separate Court fee and made specific prayer for grant of a decree of dissolution of his marriage - Wife not shown to be prejudiced in..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6, 6A -- Amendment of written statement by making a claim against plaintiff after 8 years of filing of suit - Claim for recovery of any amount barred by time irrespective of the fact whether claim is in the nature of set-off or counter-claim - Amendment of written statement cannot be..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 6, Rule 17 -- Claim of defendant made in 1998 for amounts due from plaintiff of 1988 - 89 - Barred by time when application for amendment of written statement made - Amount not legally recoverable - Cannot be pleaded as counter - claim...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement to set up counter claim of specific performance of agreement to sell in a suit for permanent injunction restraining defendant from raising construction over property in question - Not correct that plea of counter claim should have been taken up..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Can be filed if cause of action to do so had arisen before the filing of written statement or before the time limited for filing the defence had expired - Filing of counter claim after written statement filed - Not barred under Rule 6 - A(1) of Order 8...........
