Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Survives even when defence is struck off - Counter claim is nothing but a counter suit...........
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 6, Rule 15, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement - Amendment - Title of plaintiff denied in written statement - Defendant setting up plea of his title - Amendment sought to take plea of possession - In fact this plea is by way of counter claim - Question of limitation for entertaining counter claim does not..........
Court Fees Act, 1870, Section 7(iv), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Counter claim - Value of counter claim assessed at Rs.1, 000/- and court fee of Rs.150/- paid - Plaintiff has not rendered the account of sale made by defendant to it - There are also no objective standards on the basis of which the assessment of the valuation of the suit for..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Can be filed even after filing of written statement provided such counter claim is within period of limitation...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Subsequent pleadings - Filing of - Counter claim after written statement - Leave to file counter claim not required - Dismissal - Not proper (Prior to Amendment Act of 2002)..........
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 8, Rule 6-A -- Counter claim - Sought to be filed after closure of plaintiff's evidence - Counter-claim cannot be permitted at that belated stage though the claim is within period of limitation - Stage at which counter-claim can be filed - Analysed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in favour of defendant in a suit filed by plaintiff - Order of status quo on application by defendant in counter - claim filed alongwith written statement - Lease period had come to end - No claim could be made after expiry of lease period - Loss suffered by defendant can be claimed in action for..........
