.... The appellants had filed their replica, i.e, additional written statement contemplated under Order 8, Rule 6-E, CPC disputing the averments made by the respondent in their counter-claim. They also pleaded that the counter...enjoyment of the suit property by the respondent. The counter-claim is referable only in relation to money suits. In other words, in a suit for injunction, the counter-claim is not ...Court was to consider the controversy, held that since the cause of action for the counter-claim had arisen before filing of the written statement, the counter-claim was maintainable. The question therein ...

...filed I.A.No.1948 of 2010 for exclusion of the counter claim. In the affidavit accompanying the application, various grounds have been raised. A perusal of those grounds would indicate that the contention of the plaintiff ...same. In such an event, the court would certainly order joint trial of the suits, if separate suits were filed. As rightly held by the court below, the counter claim is maintainable. No grounds...contended that the plaintiff is the Manager of the defendant. 4. The defendant filed a counter claim praying for a mandatory inunction directing the plaintiff to handover the key of the...

...for the reasonable cause? OPR.2. Whether the petitioner had treated the respondent with cruelty, as alleged in the written statement counter claim? OPR.3. Whether the counter claim ...judicial separation, for the reasons stated in the written statement-cum-counter claim? OPP.3-B. Whether the respondent-wife is entitled to permanent alimony. If so, the quantum thereof...reasonable, I, therefore, direct that the trial Court shall frame issue No. 3-C to the effect that “Whether respondent-wife is entitled to the return of the property so mentioned in the counter-claim...

...was for the first time impleaded as a defendant. A specific objection was taken that no notice under Section 80 of the C.P.C was given to the State Government and, therefore, the counter claim is not ...without reference to the Court.He is also heard on I.A No. 5785/12.Learned counsel for the petitioners submits that respondent No. 1 filed a counter claim, which was...withdrawn. On the same date, another counter claim was filed before the Court below. In the counter claim, which was withdrawn, the State Government was not impleaded as a defendant. In the new one, State...

...counter-claim is not maintainable in law. By a separate order the petition under O. 8, R. 6A was also dismissed. Defendants seek to revise those two orders in these civil revision petitions...suits as the Court considering the counter-claim deems fit. What those categories of counter-claims are need not be gone into here. So far as this case is concerned the counter-claim rela...reason that it did not relate to a money claim.7. The additional issues considered by the Munsiff related to maintainability of the counter-claim, competency to raise such a counter-...

...1st defendant and they are entitled to recover the property with past and future mesne profits.4. For the counter claim, plaintiffs filed a written statement and also moved an application to exclude the ...also their case that in a suit for Injunctions counter-claim is not maintainable for recovery of property and the defendants have also not complied with Order 8, Rule 6-A of the Code of Civil...but before the defendant has deliver his defence or before the time limited, for delivering his defence has expired, whether such counter-claim is in the nature of a claim for damages or not...

...every case to deny the benefits conferred under the Statute, the seller cannot be deprived of such benefits on the plea that counter claim is not maintainable before the authorities constituted under...is a condition for pre-deposit of 75% of the amount awarded. Such is not the case in the 1996 Act. When such beneficial provisions are there in the special enactment, such benefits cannot be denied on the ground that ...of counter-claim, has allowed the application filed by the respondent under Section 11(6) of the 1996 Act and appointed the second arbitrator. Though, we are of the view that counter-claim and set-off is ...

...late Sri. Biju Vilasan.2. While filing the written statement, the respondents-have raised a counter claim. The petitioner contended that, the counter claim is not ...either-side and having perused the records, we do not think it-necessary to interfere with the impugned order at this stage of-proceedings. The counter claim was submitted, along with the-written statement, as early as in O...-provisions under Section 7(c) of the Family Court's Act. It is-found that prayers (d) to (g) to the counter claim are being-made by the respondents against the petitioner...

...application under Section 151 CPC that in the counter claim filed by defendant Saudan Singh he has not given the survey number of the property in respect of which he has filed the counter claim, and theref...as counter claim could have been filed only in respect of the suit property marked by the plaintiff as “XYZB” and not for any other property. It is further submitted that in terms of the provision...application under Section 151 CPC as was filed by the plaintiff that he has prayed that counter claim be rejected on the basis that two properties in relation to which counter claim has been brought being different...

...VARSHNEY) JUDGE No. 5 against respondents no. 1 to 4 by filing counter claim and therefore, counter claim is not maintainable. The petitioner desir...Court on the ground that an application under Order 7 Rule 11 of the CPC filed by petitioner on the very same grounds has already been rejected; hence, it is apparent that the application has been filed...the facts as averred by the plaintiff and/or by defendant. From the pleadings filed by the petitioner it is clear that petitioner has specifically stated before the trial Court that appellant and...

...filed an application under Section 151 of the Code of Civil Procedure for taking the written statement along with counter claim on record. The aforesaid application has been allowed by the trial Court vide.... However, the trial Court shall be at liberty to frame an issue, whether or not the counter claim filed by the respondent, is barred by limitation. Let a copy of this order be sent to...Civil Procedure, 1908, does not appear to be tenable as the counter claim was filed along with written statement. The impugned order passed by the trial Court neither suffers from any...

...substantial question of law and this application for review is preferred on the ground that in para-14 of the judgment appellate court has referred that counter claim is not maintainable and despi...the finding regarding second appeal. Accordingly, the review petition is not maintainable. Hence, it is dismissed. hk/ 2 ...counter claim. Trial court dismissed the suit of the plaintiff and allowed the counter claim. The judgment of the first appellate court was challenged 1...

..., learned advocate appearing on behalf of the original defendant nos.4 and 5 has submitted that as such, the plaintiffs themselves invited the order on maintainability of the counter claim filed by the defendant nos.4 and 5. It ...parties, as such, it cannot be said that the learned trial Court has committed C/SCA/18319/2017 ORDER any error in observing on maintainability of the counter claim, as the plaintiffs themselves invited the order from the learned t...counter claim is transferred to this Court. It is submitted that as such considering Section 104 of the Patents Act, 1970...

.... It has been argued that even otherwise, a counter claim is not maintainable against defendant/ co-defendant and the same is liable to be rejected. The application was opposed by defendant No.1 a...held that the counter claim is not maintainable and this is to be also decided at the time of final disposal of the case. Therefore, the learned lower Court has rightly dismissed the application...that the counter claim filed by defendant No.1 is hopelessly time barred as the same has been filed after lapse of five years from the date of judgment and decree dated 16.2.2013. It has been argued...

...the preceding paragraph.4. The plaintiff thereafter filed a reply to the counter-claim and of the contentions raised in this reply it is sufficient if at this stage we notice the plea...in this appeal.6. The first submission made by Mr Desai, learned counsel for the appellant was that no counter-claim was maintainable in the Muffasil. There is not much...view is opposed to the decisions of the Privy Council is not correct. Currimbhoy and Co. Ltd. v. Creet is not authority for any proposition ot...

...court in accordance with law like a suit. Sub-section (4) of Rule 6, quoted above, the counter-claim shall be treated as a plaint and governed by the rules applicable to plaints.The writ pe...only short controversy to be decided in the writ petition is that whether the counter claim is maintainable against the defendant?For the convenience, Order 8 Rule 6-A...the defendant has delivered his defence has expired, whether such counter-claim is in the nature of a claim for damages or not:Provided that such counter-claim shall ...

...of the counter claim on the premise that since his application under Section 18 was filed showing his status as a tenant and the counter claim of the petitioner has been filed stating him as trespasser, as such the...come to the conclusion that he is a trespasser and if it holds that he is not a tenant and only comes as trespasser, the cross objection should be maintained to the counter claim.5. In...my considered view, this issue can be decided even without entertaining the counter claim because as it is, the dispute shall be decided on the basis of evidence led by the parties whether or not the...

...earlier, as per I.A. No.3853 of 2009, sought for restoration of the counter claim which application was dismissed for default on 12.10.2009, and in view of the said dismissal the present application I.A. No.4313 of 2009 seeking rest...seeking restoration of the counter claim was unnecessary. Therefore the dismissal of the said application for default on 12.10.2009 is of no consequence. The counter claim was dismissed for default only on... I.A. No.4313 of 2009 as affirmed in C.M.A. No.35 of 2011 of the Sub Court, Cherthala is set aside. The application will stand allowed. The counter claim in O.S. No.693 of 2007 of the Principal...

...injunction. 3. In the said suit, the defendant on entering appearance filed a counter claim. The counter claim was valued at Rs.22,25,000/- and the court fee of Rs.66,750/- was paid. ...terms of Order VIII Rule 6A, a counter claim can be presented before the Court, but the condition is that the counter claim should not exceed the pecuniary jurisdiction of the Court in which the s...that the defendant/civil revision petitioner has paid the substantial court fee. Therefore, it is left open to the civil revision petitioner to present the counter claim as a suit before the learned...

...Respondent Nos. 2 to 8 that filing of the counter claim is motivated. Hence apart from the fact that such a counter claim is not maintainable against the co-defendants in view of...counter claim having regard to the fact that the Plaintiffs have already sought a declaration that the sale deed executed by the Defendant Nos. 1 to 4 in favour of the Defendant Nos. 9 and 10 is not...found fault with. However the filing of the counter claim against the co-defendants is sought to be justified on the ground that the Suit in question is a suit for partition and since the parties in...