Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Amendment - Amendment sought would not change the nature of suit - Plaintiff granted liberty to recall witnesses of defendant if he so desires to cross examine them - Amendment allowed...........
Civil Procedure Code, 1908, Order 8, Rule 6-A, 6B, 6C, 6D, 6E, 6F, 6-G -- Counter claim - Scope - Counter claim is really a suit - It is an independent cause of action which can also be agitated in a separate suit - It is to avoid multiplicity of proceedings - Counter claim has to be treated as a separate suit - Only for the purpose of convenience and speedy disposal of..........
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, Order 39, Rule 1, 2 -- Ad interim injunction - 'Possession relevant consideration to grant injunction - Suit for declaration that plaintiff owner in possession of suit land - Injunction also sought restraining defendant from interfering in possession - Claim based on enteries in revenue record - Defendant asserted his title and possession over..........
Civil Procedure Code, 1908, Order 8, Rule 6E -- Counter claim - Plaintiff not filing written statement - Will not automatically result into passing of a decree - Defendant has to prove its case...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - When permissible - Suit for mandatory injunction to cut and remove trees - Defendant alleging encroachment by plaintiff - No counter claim set up in written statement - Application by defendant to appoint LC for demarcating land and to report about encroachment - LC appointed by Trial Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- No equitable right can be granted at the cost of lawful right of the other - Suit for possession by way of specific performance of agreement - Defendant raising counter claim challenging validity of earlier sale deed as well as agreement to sell - Application u/o 39 R. 1 & 2 by both the parties - Plaintiff restrained from..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- FIR filed by wife under section 498-A IPC against husband and others - Quashing of FIR sought on the ground that it was a counter-blast to divorce petition filed by husband - Whether FIR was as a counter-blast to the divorce petition or not is to be decided by Trial Court after parties..........
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 -..........
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...........
