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Supreme Court Reverses High Court Order Permitting Counter-Claim in Property Dispute -- Counter-Claim After Issues Framed and Against Co-Defendant Held Not Maintainable Under CPC

The Supreme Court reversed the High Court of Gujarat's order that permitted defendant no. 2 to amend his written statement and file a counter-claim in...

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Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to File Counter-Claim Under Section 151 CPC. Trial Court's Discretion to Refuse Counter-Claim After Issues Framed and Evidence Commenced Upheld.

The petitioner, Smt. Parvathamma, was defendant No.3 in a suit for declaration and consequential reliefs filed by respondent No.1, Smt. Jayamma, in O....

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Bombay High Court Upholds Trial Court Order Allowing Counter Claim in Partition Suit — Order VIII Rule 6A CPC Permits Filing Before Expiry of Time for Defence. Counter claim filed after written statement but within time for delivering defence is maintainable under Order VIII Rule 6A CPC.

The petitioners, Pradeep Kashinathrao Kalyankar and Sow. Pramila Pradeep Kalyankar, filed a Regular Civil Suit (RCS No. 136 of 2013) seeking a declara...

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High Court of Bombay at Goa Quashes Trial Court Order Allowing Amendment to Counterclaim in Civil Suit. Counterclaim Based on Cause of Action Arising After Filing of Written Statement Is Not Maintainable Under Order VIII Rule 6A Code of Civil Procedure, 1908.

The petitioners, original plaintiffs in a civil suit for declaration and permanent injunction filed on 17 April 2007, challenged an order of the trial...

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High Court of Gujarat Allows Appeal in Contract Dispute — Remands Case for Fresh Consideration of Counterclaim Due to Violation of Natural Justice. Failure to Provide Opportunity to Lead Evidence on Counterclaim Under Order 8 Rule 6A CPC Warrants Remand.

The appellant, Executive Engineer of Gujarat Water Supply and Sewerage Board, filed a suit for damages of Rs. 17,28,855.65 against the respondent, Kat...