Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to counter claim - At the fag end of trial - Permission granted to file written statement to the counter claim as opportunity to file written statement was not granted earlier and more so when plaintiff states that he will lead no further evidence after filing of written statement...........
Civil Procedure Code, 1908, Order 8 -- Counter claim - Plaintiff can set up counter claim in answer to the counter claim of the defendant subject to the limitations prescribed by the Code and other laws if any governing it...........
Civil Procedure Code, 1908, Order 8, Civil Procedure Code, 1908, Order 2 -- Counter claim - By plaintiff in answer to the counter claim of defendant - Cause of action for the counter claim of plaintiff arose after the filing of the suit which is different from cause of action pleaded in plaint - Held, counter claim of plaintiff not hit by O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 6A, Limitation Act, 1963, Section 3(2)(b)(ii), 113, 3(1) -- Counter claim - Can be filed by defendant in respect of any right or claim in respect of cause of action which accrues to defendant against plaintiff either before or after filling of suit but before defendant has delivered his defence or before time stipulated for..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Limitation Act, 1963, Section 3(2)(b)(ii), 113, 3(1) -- Counter claim - It is to be treated as plaint in suit and is governed by rules applicable to plaint including rules of limitation applicable to such suit...........
Civil Procedure Code, 1908, Order 8, Rule 6A, Limitation Act, 1963, Section 3(2)(b)(ii), 113, 3(1) -- Counter claim - Cause of action - Is related to period of limitation - Limitation need not be set up as defence - It is duty of Court to find so...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - After filing of written statement - Can be allowed if cause of action arose before filing of written statement and not when cause of action arises after filing of written statement...........
Civil Procedure Code, 1908, Order 8, Rule 6, 6A -- Counter claim - Question of limitation - Can be decided only after framing an issue and cannot be decided on an priori basis, purely on affidavits...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Filing of - Held, filing of counter claim after filing of written statement is not barred if the cause of action for counter claim had arisen before filing of written statement...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Delay in filing - Imposition of costs - Held, delay can be condoned by ordering costs to opposite party - Lower Court has awarded a cost of Rs.500/- which can be enhanced to Rs.2000/- - Respondent directed to pay additional cost of Rs.1500/- to petitioner/plaintiff...........
