Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement and counter claim - Amendment - Merely because the application for amendment is allowed does not mean that case of petitioner is accepted in so far as the amendment is concerned - Petitioner is bound to prove its case by leading evidence...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Counter-claim - Rebuttal of - Opportunity for - Plaintiff in counter-claim took a definite defence stand in his written statement - Held, on conclusion of recording of evidence of defendants in counter claim court has every power to allow plaintiff to adduce his rebuttal evidence in counter-claim on those issues in which onus..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment - Necessary and proper party - Petitioners pleaded that mill is the property of joint family - Preliminary decree for partition was obtained by them - 2nd respondent did not file any counter, disputing the claim made by petitioners - Allegation of petitioners that 1st respondent is brother-i, law of 2nd respondent..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Valuation of counter claim and court fee payable - Preliminary issue has to be framed on the point of valuation of counter claim and sufficiency or otherwise of the Court fee paid by the defendants thereon...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written reply to counter claim set up in written statement filed by respondents - Application filed after closure of evidence - Even, plaintiff has knowledge of all facts from inception and beforehand - Moreover, there is no explanation on part of plaintiffs as to why paragraph which is now sought to be added in..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Three modes to set up counter claim are : (1) written statement may itself contain a counter claim; (2) may be preferred by an amendment in the written statement; (3) a counter claim may be filed by way of a subsequent pleading U.O.8.R.9 CPC - In the later two case counter claim is governed by the discretion..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Not contained in the original written statement - Generally to be refused to be taken on record if issues had already been framed and case is set down for trial and more so when trial has already commenced...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Refusal to entertain a belated counter claim - Inspite of refusal defendant is at liberty to file a suit based on the cause of action of counter claim...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Permissibility - By amendment, petitioners were not trying to make out any new case but only amplifying the case as pleaded in written statement and counter claim - Held, it is a settled principle of law that Courts have to be more liberal in granting amendment to written statement - Amendment..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Non filing - Cannot be taken as an admission when averments in written statement do not come within the definition of set-off or counter claim...........
