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...........
Civil Procedure Code, 1908, Order 8, Rule 6-A, Limitation Act, 1963, Section 3(2)(b) -- Counter claim - Not presented along with written statement - Held, counter claim could be preferred even later by way of amendment of written statement provided such counter claim relate to cause of action accrued before filing of written statement or before time limited for delivering..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter-claim - Limitation - Counter claim filed for cause of action accused prior to filing written statement - Held, no time frame prescribed in Code for filing such counter claim - Thus order of Court taking counter claim on record, cannot be flawed...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Non-filing of written statement - Effect - Held, if nothing new is to be stated in reply to the counter claim apart from the facts already stated in plaint, then non filing of written statement/reply to the counter claim is not fatal - Trial court could treat the allegation made in the counter claim as proved..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Plaintiff filed suit seeking direction to defendants to return original sale deed - D1 filed written statement with counter claim - Trial Court dismissed suit as well as counter claim - Appeal filed only by plaintiff and not by defendants - Appellate Court decreed original suit by invoking S.92 of Evidence Act -..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim not contained in the original written statement may be refused to be taken on record, especially if issues have already been framed...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Discretion is always vested in the Court irrespective of the fact whether there is an application for seeing leave or not - Court committed no illegality in allowing to bring on record the additional written statement and counter claim - No interference warranted - Petition dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross appeal - Dismissal of counter claim - Counter claim treated as a suit for all purposes - Gives right to aggrieved party to file a separate appeal - Defendant filed cross objections by paying requisite Court fee - Held, in terms of O.41.R.22 CPC defendant can file cross appeal, though numbered as cross objections,..........
Civil Procedure Code, 1908, Order 41, Rule 22, Civil Procedure Code, 1908, Section , Order 20, Rule 12, Specific Relief Act, 1963, Section 16, 20 -- Agreement to sell - Suit for specific performance - Counter claim - Plaintiff put in possession two months prior to execution of agreement to sell - Possession of plaintiff at the time of entry was permissive but is that of..........
Civil Procedure Code, 1908, Order 8, Rule 6-D -- Counter claim - Treated as a plaint - Counter claim may proceed notwithstanding the fact that suit of plaintiff is stayed, discontinued or dismissed...........
