Civil Procedure Code, 1908, Order 8, Rule 6A, 6C, Specific Relief Act, 1963, Section 6 -- Counter claim - Suit for recovery of possession - Nothing precludes the parties from filing Civil Revision Petition and an appeal suit independently against the verdicts in suit and counter claim and later club together the cases for hearing...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement not filed - Absolutely no reasoning in judgment - Even if, no written statement is filed, Court is duty bound to write judgment in conformity with provisions of Code or at least to set out reasons by which controversy is resolved - Appeal allowed and suit restored for fresh disposal...........
Civil Procedure Code, 1908, Order 41, Rule 23, 25, 28A, Civil Procedure Code, 1908, Order 8, Rule 6A -- Remand - Power of appellate Court - Exercise of - While disposing of the first appeal, the First Appellate Court has failed to consider the aspects of the reliefs as noted in prayers `b' & `c' of Paragraph No.9 of the counter-claim - Learned First Appellate Court has..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13, Madras High Court (Original Statement) Rules, 1956, Order 5, Rule 1 -- Written Statement - Delay of about five years in filing - Condonation of delay - Appellants did not choose to file written statement for nearly five years - They have not filed written statement till they were set..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - Incorporation of counter-claim - permissibility of - Suit between parties was decreed on compromise - Compromise decree was set aside in appeal at instance of defendant-opposite party - Matter was remanded to trial Court for hearing and disposal -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section , Order 8, Rule 6-A -- Amendment of written statement to incorporate counter claim - In the instant case compromise decree passed - Set aside in appeal and case remanded - Counter claim by way of amendment of written statement sought on the ground that suit land had been mutated in the name..........
Civil Procedure Code, 1908, Order 41, Rule 22, Civil Procedure Code, 1908, Order 8, Rule 6 -- Suit as well as counter claim dismissed - Plaintiff filed appeal against dismissal of suit - Defendant cannot question the correctness of dismissal of counter claim by way of cross objections - Counter claim for all intent and purposes is a suit and dismissal of same gives rise to..........
Civil Procedure Code, 1908, Section 100, Order 8, Rule 11 -- Second appeal - All applications, objections, petitions, first appeal filed by appellants against impugned order have been dismissed by all Court in the light of factual matrix - There is nothing on record to persuade Court to form any other opinion other than one recorded by two Courts below writing concurrent..........
Civil Procedure Code, 1908, Order 8, Civil Procedure Code, 1908, Order 9 -- Non appearance of plaintiffs and their counsel - Suit dismissed for non prosecution - Application for restoration pleading that the plaintiff pursuing litigation fell ill - Dismissed - Appeal also dismissed - Revision. Held - Application for restoration signed by all the plaintiffs. All plaintiffs..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19(2), Civil Procedure Code, 1908, Section 13 -- Counter claim - Dismissed and plaint claim allowed - Defendant need not file separate appeal but single appeal challenging both findings is maintainable...........
