..., on the ground that, that was sought to be filed without any leave of the Court, overlooking the statutory provision of Order 8 rule 9 of the Code of Civil Procedure, which clearly excluded ‘set ...Order 8 rule 6C, C.P.C). Accordingly, the impugned order cannot be sustained. It is vitiated by the misconception on the part of the Court that before filing counter-claim..., leave of the Court was necessary. The purported application should be treated as a counter-claim of the defendant and dealt with a conformity with the provisions of Order 8 rule 6C onwards...

...1. Heard learned Counsel for the parties.2. Learned Lawyer for the petitioner has contended that by the impugned order, the petition under Order 8 Rule 6C of...sustainable in law. There should be exclusion of the counter-claim filed by the defendant No. 4 in view of the provision of Order 8 Rule 6C of the C.P.C, but that was rejected...wrongly by the impugned order and the order should be set aside and the, learned Lower Court may be directed to dispose of the said application of the plaintiff under Order 8 Rule ...

...after the filing of the written statement. The plea of maintainability of counter claim in the light of the provision under Order 8 Rule 6C of the Code of Civil Procedure, 1908 is not...Petitioner :- Vinod Kumar Chandel,Mayank Krishna S Chandel,Ram Niwas Singh Hon'ble Mrs. Sunita Agarwal,J. The present petition is directed against the order of rejection of amendment...petitioner was dismissed whereas the counter claim of the defendant has been decreed vide judgment and order dated 11.4.1997. By means of the amendment application filed in Civil Appeal No.208...

...few words to point the background of this case are necessary. The defendants filed a counter claim to the plaintiffs' plaint after a series of other litigations. Plaintiffs applied under Order 8 Rule 6C with...Order 8 Rule 6C of the Code of Civil Procedure never got a chance to deal with the proposition that a petition seeking exclusion of a counter claim without having made out any ground for such exclusion...AIR 1997 Raj 199, being a single Bench judgment where revisional applications were entertained in a case on an application under Order 8 Rule 6C. Ther...

...Order 8, Rule 6C of the Code of Civil Procedure (hereinafter referred to as ‘the Code’) for excluding the counter claims made by the defendants in their written statement on the...claims.4. By order dated 9.7.1996, the trial court was pleased to exclude the counter claims as set up by the defendants in their written statement under Order 8 Rule ....15. In the present case without going into the question of res-judicata as aforesaid and/or applying the proviso to Rule 6A(1) of Order 8, under special procedure provided for a s...

...alia on the ground that he wants to set up a counterclaim in terms of Order 8, Rule 6C of the Code. The plaintiffs objected to the prayer for modification which was...filed by the defendants was to be excluded, as the claim raised ought not to be disposed of by way of counter-claim but in an independent suit in terms of rule 6-C of Order 8 of the...1. Petitioners assail correctness of the order dated 10-5-1990 passed by the learned Subordinate Judge, Bhubaneswar, rejecting the prayer of plaintiffs for an order that the counter-claim...

...property is shown to be of Rs.Two Lac Forty Thousand but valued at Rs.Six Hundred declined to admit the counter claim filed by the petitioner under Order 8 Rule 6c read with Order 7 ...the petitioner vide counter claim has sought declaration possession and mandatory injunction as the owner of suit property. In view whereof, since the impugned order does not suffer vice of perversity...

.... The legal acceptability of the impugned order by which the learned court below has rejected the petition filed by the plaintiff petitioner, purported to be under Order 8 Rule 6C,...has not arisen against the plaintiff but might have arisen against a stranger to the suit. The provision of Order 8 Rule 6C fortifies this legal position when the plaintiff...under Order 8 Rule 6C, by the impugned order.9. The present application is, accordingly, allowed and the impugned order is set aside. The plaintiff objec...

.... No. 807/2015 was one filed under Order 8 Rule 6C by the plaintiffs seeking exclusion of the defendants' counter claim. I.A No. 1765/2015 is a commission application preferred by the defendants. The...is in this context that the plaintiffs filed I.A. No. 807/2015 under Order 8 Rule 6C to exclude the counter claim, treating the suit as one under Section 6 of the Specific Relief Act. The learned...the submission of the learned counsel for the respondents that no objection has been filed by the petitioners herein to Ext.P3 application under Order 8 Rule 6C. In answer to the same, learned counsel...

..., overlooking the provisions contained in Order 8 Rule 6C of the Code of Civil Procedure passed the impugned order seperating counter claim filed by the defendant petitioners fro...civil suit No. 152 of 1988. Neither the application under Order 8 Rule 6C was moved by the plaintiff for exclusion of the counter claim nor such application was maintainable...1. As identical legal question arises in both these revision petitions, they are being disposed of by a common order.2. Rule 6-C of Order 8 of the...

...way of an amendment of the counterclaim. Mr. Ravi Bhojak further submitted that even otherwise Order 8 Rule 6A CPC is an enabling provision and does not confer any absolute and unfettered right to...power of the trial court both under Order 6 Rule 17 CPC and under Order 8 Rule 6A CPC to entertain a counterclaim is discretionary. This qua Order ...is evident from the language of Order 8 Rule 6C CPC. It is equally well settled that the discretion of the trial court is not to be interfered with unless it...

...plaintiff/petitioner filed an application under Order 8 Rule 6C of the Code for exclusion of the said counter-claim.6. By the impugned order the Trial Court held t...23.8.2004 It is alleged by the defendant/opposite party that he was dispossessed on the same day by the plaintiff/petitioner. Order 8 Rule 6A of the Code of Civil Procedure...the matter within the parameters of the order of remand.12. The Court below without adverting to Order 8 Rule 6A of the Code had accepted the counter-claim...

.... By the second order dt.25.4.2009, the learned trial Court rejected the application of the plaintiff filed under Order 8 Rule 6C C.P.C read with Section 151 C.P.C for...against the co-defendant cannot be sustained under Order 8 Rule 6C C.P.C and therefore, the impugned order deserves to be set aside.4. Having heard the...counter-claim under Order 8 Rule 6A C.P.C is wrong and therefore, the impugned orders deserve to be set aside. The learned Counsel submits relying on the decision of Bombay...

...unless a set-off is pleaded as contemplated under Order 8 Rule 6-A of the Code, counter-claim cannot be maintained. Under Order 8 Rule 6C,...illegality in dismissing the IA filed by the plaintiff under Order 8 Rule 6C r/w. S. 151 of the Code warranting interference by this Court in exercise of revisional...assessed at Rs. 3,00,000/-. To which the plaintiff filed a rejoinder.4. The plaintiff filed I.A No. 248/99 under Order VIII Rule 6C read with Sec. 151 of the Code of Civil Procedure...

...2010 filed by the plaintiff under Order 8 Rule 6C of CPC with a prayer to exclude the counter claim raised by the defendant No.2 in her written statement. The...counter claim was made under Order 8 Rule 6-A of CPC for the above said reliefs. Thereafter, the plaintiff filed I.A.No.2161 of 2010 under order 8 rue 6c.... Order 8 Rule 6A and Rule 6C of CPC which provide for counter claim by the defendant and exclusion of such counter claim respectively, read as under: "6A. Counter claim by...

.... No. 2161 of 2010 filed by the plaintiff under Order 8 Rule 6C of CPC with a prayer to exclude the counter claim raised by the defendant No. 2 in her written statement.... Thus the counter claim was made under Order 8 Rule 6-A of CPC for the above said reliefs.Thereafter, the plaintiff filed I.A. No. 2161 of 2010 under Order 8 Rue ...against the plaintiff.Order 8 Rule 6A and Rule 6C of CPC which provide for counter claim by the defendant and exclusion of such counter claim respectively, read as under:“6A...

...of Order 8, Rules 6A and 6C relating to the suit claim and the counter-claim. The Court observed that Order 8 Rule 6A speaks of a counter-claim as a plaint in ..., the defendant is entitled to file a counter-claim provided the counter-claim is within the four corners of Order 8, Rule 6A. There is no provision under this order that the counter-clai...otherwise than in admiralty, and hence could entertain it.6. Under Order 8, Rule 6A of the Code of Civil Procedure a defendant in a suit may set up by way of...

...) SCALE 211.10. The learned Advocate for the petitioner argued that as per the provisions of Order 8 Rule 6C of the Code of Civil Procedure, the plaintiffs were required to...defendant No. 1 relying on the provisions of Order 8 Rule 6C of the Code of Civil Procedure is of no consequence. The learned Advocate has pointed out the provisions of Order 8 Rule 23 of...excluded as the application was filed after the settlement of issues, though appears to be sustainable in law in view of the provisions of Rule 6C of Order 8 of the Code of Civil Procedure, in the facts of...

..., on the ground that, that was sought to be filed without any leave of the Court, overlooking the statutory provision of Order 8 Rule 9 of the Code of Civil Procedure, which clearly excluded 'set off' a... different suit (Vide Order 8 Rule 6C, C.P.C.). Accordingly, the impugned order cannot be sustained. It is vitiated by the misconception on the par...conformity with the provisions of Order 8 Rule 6C onwards." 5. Relying upon the above observation, the learned Advocate submits that the Division Bench of Calcutta...

...Order 8 Rule 6C of the Code of Civil Procedure (hereinafter referred to as the Code) on the application filed by the plaintiff/opposite party.2. The plaintiff/opposite...thereafter filed a petition under Order VIII Rule 6C of the Code for exclusion of the counter claim on the ground that the said claim cannot be adjudicated upon in a suit for eviction on the ground of...1. The defendant is the petitioner against the order dated 24.7.2002 passed by Subordinate Judge II, Kishanganj in Eviction Suit No. 8 of 1998 excluding the counter claim under...