Civil Procedure Code, 1908, Order 8, Rule 6-C -- Counter claim - Exclusion - Court is at liberty to strike off counter claim or part of counter claim if it is vague or it is likely to cause undue delay in the trial - In case counter claim relates to both suit property and other properties not connected with suit then Court is justified in striking off part of counter-claim..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Cause of action arose after filing of written statement - Defendants can make counter-claim...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement - Amendment - Counter claim - Subsequent to the filing of written statement if a cause of action has arisen then definitely the defendant can make counter claim in the written statement by way of amendment...........
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 8, Rule 6-A -- Counter claim - Solely against co-defendants is not maintainable - Counter claim has necessarily to be directed against plaintiff, though incidentally or along with it, it may also claim relief against co-defendants in the suit - Counter claim solely against co-defendants is not maintainable - By filing counter-claim a suit..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Can be filed after filing of written statement - However, counter claim cannot be raised after issues are framed and evidence is closed...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Based on a different cause of action than put in suit by plaintiff is maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement - Amendment to incorporate plea of counter claim - In the garb of temporary injunction defendant dispossessed - Counter claim related to suit property and was based on subsequent dispossession on account of temporary injunction - Amendment allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Just like a plaint - Provision of Order 7 CPC apply to a counter claim...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Not disclosing cause of action or when it is barred by limitation - Court can dismiss the same at the threshold and need not to wait till evidence is taken...........
