Civil Procedure Code, 1908, Order 7, Rule 7 -- Suit for declaration and possession - Plea of adverse possession by defendant - Unless defendant files counter claim, he will not be able to get a decree of declaration with regarding to their title based on adverse possession in a suit for declaration and possession filed by plaintiff...........
Civil Procedure Code, 1908, Order 8, Rule 6A, 9 -- Civil Rules of Practice (Kerala) Rr.11, 15 - Counter claim - Counter claim is a subsequent pleading and need not be headed by a cause title - Only a plaint or an original petition that needs to be headed with a cause title as per Kerala Rules...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Purchase of land by plaintiff through registered sale deed - Defendants neither filed counter claim, claiming title over suit property on basis of will nor produced material on record to disbelieve existence of sale deed executed in favour of plaintiff - Plaintiff in possession of suit..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for recovery - Liquidated damages - UOI claims compensation on basis of exception clause - Such being undisputed position, order of rejection of plaint U.O.7.R.11 CPC is incorrect - Moreover, once arbitrator had no jurisdiction to arbitrate on levy of liquidated damages on account of contract..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Document sought to be produced i.e patta issued in the year 1941 and mention of said document is also there in suit - Petitioner later on added as a party defendant in suit and he has not filed any counter claim and if plaintiff wants to produce secondary evidence on record, petitioner cannot be allowed to raise..........
Rent and Eviction -- Eviction petition - Plea of tenant having no objection to vacate subject to refund of security deposit and expenditure of Rs.75 Lakhs for repairs and maintenance of premises - Proof of expenditure - A suggestion has been put to DW1 that no money was spent by tenant for repairs or renovation of suit schedule premises, as the suit schedule premises was a..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant in addition to his right to claim set off can also file a counter claim against plaintiff and it will have the effect of cross suit and shall be treated as a plaint and governed by same rule as a plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A, Limitation Act, 1963, Article 113 -- Amendment of written statement setting up counter claim seeking relief of mandatory injunction - Counter claim sought to be set up after five years of filing of written statement - Suit for mandatory injunction is governed by Article 113..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Can only be raised against plaintiff/plaintiffs in the suit and not against a third person or a stranger and for that purpose, no third person or stranger can be impleaded as an additional counter claim defendant...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit property - To be examined in the context of pleadings of counter claim - For the purposes of counter claim the suit property is to be examined in the context of pleading of counter claim and not to be restricted to the property described in plaint...........
