Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant as per O.8.R.6-A(1) CPC may assert any right or claim against plaintiff before filing of written statement, even if such cause of action is unrelated to plaintiff's suit - Only limitation is that counter-claim must lie within pecuniary jurisdiction of Court...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issues regarding valuation and pecuniary jurisdiction of Court - Defendants who filed written statement had not raised issue of pecuniary jurisdiction and participated in proceedings - They have not produced any documents to substantiate that classification of land is not agricultural land and..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Lack of jurisdiction either pecuniary or territorial, has to be taken at the earliest opportunity - Since the same has been raised before High Court, appellant cannot be allowed to raise lack of pecuniary jurisdiction at such belated stage - Moreover, on the date of filing of first appeal, High Court had..........
Jurisdiction of Court -- Civil and criminal Court - Distinction : (i) The stage at which an objection as to jurisdiction, territorial or pecuniary, can be raised, is regulated in civil proceedings by S.21 CPC - Whereas, there is no provision in Cr.P.C akin to S.21 CPC; (ii) In civil proceedings, a plaint can be returned U.O.7.R.10 CPC, to be presented to the proper Court,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Objection as to territorial and pecuniary jurisdiction of first appellant Court has to be taken at the earliest point of time in first appeal - Objection having not taken before first appellate authority, cannot be allowed to be taken at a subsequent stage in second appeal...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of pecuniary jurisdiction - Court of Civil Judge (Senior Division) who is having the unlimited pecuniary jurisdiction, can decides the suit of value which is up to Rs.5 lacs or below 5 lacs - Plaint held, cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2015, Section 12(2) -- Return of plaint - Lack of pecuniary jurisdiction - Commercial dispute - Specific value in an arbitration of a commercial dispute is less than pecuniary jurisdiction stipulated u/s 5(2) of Delhi High Court Act r/w S.12(2) of CC Act - Plaint ordered to be returned to Court of..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cause of action for filing counter claim is completely distinct from cause of action on which plaintiff has approached Court - Merely because parties are same and properties are adjacent, it will not necessarily lead to an inference that issues are connected and claims of both the parties should be tried..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cause of action for filing counter claim is completely distinct from cause of action on which plaintiff has approached Court - Merely because parties are same and properties are adjacent, it will not necessarily lead to an inference that issues are connected and claims of both the parties should be tried..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Counter claim - Counter claim shall not exceed pecuniary jurisdiction of Court as per O.8.R.6-A CPC - However, there is no bar to Civil Judge Senior Division to entertain counter claim which is within its pecuniary jurisdiction...........
