Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement - Amendment - Counter claim - Subsequent to the filing of written statement if a cause of action has arisen then definitely the defendant can make counter claim in the written statement by way of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Amendment - Amendment sought would not change the nature of suit - Plaintiff granted liberty to recall witnesses of defendant if he so desires to cross examine them - Amendment allowed...........
Civil Procedure Code, 1908, Order 8, Rule 6-A, 6B, 6C, 6D, 6E, 6F, 6-G -- Counter claim - Scope - Counter claim is really a suit - It is an independent cause of action which can also be agitated in a separate suit - It is to avoid multiplicity of proceedings - Counter claim has to be treated as a separate suit - Only for the purpose of convenience and speedy disposal of..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Solely against co-defendants is not maintainable - Counter claim has necessarily to be directed against plaintiff, though incidentally or along with it, it may also claim relief against co-defendants in the suit - Counter claim solely against co-defendants is not maintainable - By filing counter-claim a suit..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Can be filed after filing of written statement - However, counter claim cannot be raised after issues are framed and evidence is closed...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Based on a different cause of action than put in suit by plaintiff is maintainable...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Stage of filling - Counter claim can be filed even after filling of written statement - Cannot be raised after issues are framed and evidence is closed...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Maintainability - Trail Court permitted defendant to raise counter claim after hearing final arguments - Entertaining of counter claim after framing of issues, illegal and without jurisdiction - Counter claim not maintainable...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Against whom maintainable - A counter claim necessarily has to be directed against the plaintiff in the suit - Incidentally or alongwith it, in counter claim relief against co-defendants in the suit may also be claimed...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim against co-defendant - Counter claim solely directed against co-defendant not maintainable - By filling counter claim against co-defendant, the litigation cannot be converted into any sort of inter-pleader suit...........
