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...........
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 8, Rule 6-A -- Counter claim - Stage of filling - Counter claim can be filed even after filling of written statement - Cannot be raised after issues are framed and evidence is closed...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Maintainability - Trail Court permitted defendant to raise counter claim after hearing final arguments - Entertaining of counter claim after framing of issues, illegal and without jurisdiction - Counter claim not maintainable...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Against whom maintainable - A counter claim necessarily has to be directed against the plaintiff in the suit - Incidentally or alongwith it, in counter claim relief against co-defendants in the suit may also be claimed...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim against co-defendant - Counter claim solely directed against co-defendant not maintainable - By filling counter claim against co-defendant, the litigation cannot be converted into any sort of inter-pleader suit...........
Civil Procedure Code, 1908, Order 8, Rule 6A, 6E -- Counter claim - Default in filling reply - Effect of - By way of amendment in written statement defendant No.3 to 17 raised a plea that their prescriptive title may be declared - Trial Court wrongly treated the plea as counter claim - No relief claimed against plaintiff - Counter claim directed against co-defendants in..........
Civil Procedure Code, 1908, Section 151 -- Joint trial - Court can order joint trial if common question of law or fact arise in both proceedings or that the right to relief claimed in them are in respect of or arise out of the same transaction or series of transactions or that for some other reason it is desirable to make an order for joint trail - If plaintiff in one..........
