Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Appeal - Remand - Counter claim - One plea of partition of joint family taken - Plea categorically rejected by trial Court - Held, it is clear that counter claim stood rejected - Matter cannot be remanded back..........
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, 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 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, 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, Order 37, Rule 1 -- Money suit - Defendant on account of alleged no, completion of work by plaintiff firm deducted the amount from running bill raised by plaintiff - Defendants have neither levied any penalty against plaintiff for breach of contract nor passed any order to forfeit security amount - No valid reasons stated for deduction by..........
Civil Procedure Code, 1908, Order 41, Rule 31(c) -- Suit for declaration - Defendants contested suit and filed counter claim - Trial Court dismissed suit but allowed counter-claim - Appeal filed by plaintiff dismissed and also set aside counter-claim - Judgment & decree of first appellate Court set aside - Held, lower appellate Court has not given appreciable reasons to..........
Civil Procedure Code, 1908, Order 20, Rule 19 -- Decree passed in a suit where counter claim was preferred - Appeal against - Cross objections of the petitioner will be decided by the same appellate Forum...........
Civil Procedure Code, 1908, Section 9, Order 39, Rule 1, 2 -- Interim Injunction - Bar of jurisdiction of Civil Courts - Plaintiff secured loan by hypothecation and charge from the Financial Institution - Financial Institution issued notice for enforcement of obligation - Plaintiff filed suit for mandatary injunction - Application for interim injunction also filed -..........
