Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Amendment - To raise plea of set off - Normally the plea of set off is to be raised at the time of filing of written statement at the first hearing of the suit unless permitted by Court - Court can always grant permission at a subsequent stage to the defendant..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 1(3), Civil Procedure Code, 1908, Order 19, Rule 1 -- Eviction petition on ground of personal necessity - Subsequent event - During pendency of petition landlord obtained vacant possession of another shop - Fact has material bearing on ground of personal necessity - Purpose can be..........
Civil Procedure Code, 1908, Order 8, Rule 6-A, Civil Procedure Code, 1908, Order 7, Rule 11(c) -- Counter claim - From the facts pleaded in written statement when it emerges that it is a counter claim then in that event proper course for Court to adopt is to proceed U.O.7.R.11(c) CPC and require the defendant to pay the requisite Court fee and in the event of not paying..........
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, Section 2(9), Order 9, Rule 6, 13, Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 20, Rule 1, 4(2) -- Defendant proceeded ex parte - Merely for this reason, allegations in complaint cannot be accepted to be correct - Court has to record a finding or call for evidence in support of the plaint allegations...........
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..........
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 6 -- Equitable set off - Right is available only if the claim arises out of the same transaction which is the foundation of the plaintiff's claim and the claim has not become time barred...........
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 8, Rule 6-A -- Written statement not filed - Counter claim is not entertainable when there is no written statement on record...........
