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...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Non-substitution of LRs of defendant no.2 - Eviction suit - No relief sought against defendant no.2 in suit and defendant no.2 also did not file any counter claim - Further claim made by defendant no.2 has been negated by all Courts including Supreme Court - Failure to implead LRs of defendant no.2..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for mandatory injunction filed by tenant that he be permitted to carry out repairs to the dilapidated portion - Counter claim by landlord seeking vacation of premises on the ground of bona fide necessity - Counter claim filed after a gap of 13 years of institution of suit - Delay in seeking counter claim..........
Hindu Marriage Act, 1955, Section 23A, Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 6, Rule 17 -- Divorce - Counter claim - Accrual of cause of action for counter claim after defendant has delivered his defence - Held, on said ground Court not to have rejected the amendment of written statement to raise plea of counter claim...........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Separation of counter claim from main suit - Such an application can be filed by plaintiff only and that too before framing of issues...........
Civil Procedure Code, 1908, Order 8, Rule 6A, 6C -- Separation of counter claim from main suit - Claim and counter claim is regarded as a unified proceeding and the same is to be disposed of by a singular judgment, both on the original claim and on the counter claim - However, U.O.8.R.6-C, Court has power to exclude the counter claim and order defendant to file an..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought when suit was fixed for rebuttal evidence - Plaintiffs after availing more than 40 effective hearings to lead evidence and having failed to bring on record evidence to support their claim and when suit was fixed for rebuttal evidence and arguments had audacity to move application for additional..........
