January 2020

Counter Claim—Appeal—Where suit and counter claim is decided by a common judgment and a composite decree has been prepared, two separate appeals are not required to be filed

By | January 26th, 2020|Counter Claim|

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August 2019

Specific Relief Act, 1963, S. 34—Suit for Recovery—Bahi Entry—Counter Claim—Before a suit for recovery on the basis of the account books is to be decreed, the counter claimant was required to satisfy the conscious of the Court that the account books (basis of claim) have been maintained in the regular course of business and are above suspicion

By | August 14th, 2019|Counter Claim|

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Suit for Recovery—Bahi Entry—Counter Claim—Before a suit for recovery on the basis of the account books is to be decreed, the counter claimant was required to satisfy the conscious of the Court that the account books (basis of claim) have been maintained in the regular course of business and are above suspicion—In the present case, the counter claimant has failed to discharge that onus—Suit decreed—Counter claim set aside

By | August 4th, 2019|Counter Claim|

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June 2018

Civil Procedure Code, 1908, O.8 R.6-A–Counter Claim—Counter claim against a co-defendant is not maintainable—Counter claim can be filed against the claim of the plaintiff and it can be filed regarding a cause of action accruing to defendant against the plaintiff

By | June 18th, 2018|Counter Claim|

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October 2017

Counter Claim—A counter claim by defendant with respect to an independent property with which the plaintiff has no concern is not maintainable. Written Statement—Admission—It cannot be presumed that the content of the written statement to be a deemed admission.

By | October 17th, 2017|Counter Claim|

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July 2017

Civil Procedure Code, 1908, O.8 R.6-A–Counter Claim—Suit and Counter claim are to be treated as two suits and if two suits, filed by the parties against each other pertaining to the same property/subject matter involving same questions were heard and decided by the Court by a common judgment, then the status of judgment in the counter claim would be treated as independent decree

By | July 20th, 2017|Counter Claim|

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January 2017

Counter Claim—The cause of action in respect of which a counter claim can be filed, should accrue before the defendant has delivered his defence, namely, before the defendant has filed a written statement.

By | January 26th, 2017|Counter Claim|

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December 2016

October 2016

Civil Procedure Code, 1908, O.8 R.6-A–Counter Claim—If the cause of action has accrued to the defendants/counter claimants before filing the written statement, counter claim filed even after filing of the written statement will be maintainable.

By | October 6th, 2016|Counter Claim|

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