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Search Results for "suit and counterclaim"

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Supreme Court

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.

19 Nov 2019

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...

High Court

Bombay High Court Allows Counter-Claim in Civil Suit Under Order VIII Rule 6A CPC — Rejects Trial Court's View That Counter-Claim Must Be Filed Only After Written Statement. The court held that a counter-claim can be filed after written statement but before settlement of issues, and the trial court's rejection was erroneous.

15 Jun 2026

The petitioners, Mandar Suresh Bhatwadekar and Dr. Shrirang Arun Limaye, were defendants in two civil suits (RCS/2249/2019 and RCS/2248/2019) filed by...

High Court

High Court of Bombay at Goa Allows Revision Against Rejection of Application Under Order 7 Rule 11 CPC for Dismissal of Counterclaim. Counterclaim for Compensation Based on Vexatious Suit Not Maintainable Without Prior Adjudication of Vexatiousness.

21 Sep 2023

The applicant, M/s Green Associates, filed Special Civil Suit No.50/2018 before the Trial Court for recovery of ₹21,90,125/- with interest against t...

High Court

Bombay High Court Upholds Allowance of Counterclaim Filed After Commencement of Trial in Tenant-Landlord Dispute — Order VIII Rule 6-A CPC Permits Counterclaim Even After Written Statement if Filed Before Evidence Concludes. The court held that a counterclaim under Order VIII Rule 6-A CPC can be filed at any stage before the pronouncement of judgment, and the trial court's discretion to allow it subject to costs was proper.

3 Jan 2022

The petitioner, Krishnaji Amarlal Kruplani, was the original plaintiff in a civil suit (RCS No.168/2008) filed in 2008 before the Second Joint Civil J...

Supreme Court

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

12 Sep 2025

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...

High Court

Bombay High Court Dismisses Appeal Against Dismissal of Counter Claim Directed Solely Against Co-Defendants. Counter Claim Must Be Directed Against Plaintiff Under Order 8 Rule 6A of Code of Civil Procedure, 1908.

13 Apr 2010

The appellant, defendant no.7 in Regular Civil Suit No. 8/1984, filed a counter claim against the Government of Goa (a co-defendant) after the origina...

High Court

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.

19 Jul 2017

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

High Court

Bombay High Court Allows Amendment of Written Statement to Include Counterclaim in Specific Performance Suit — No Bar Under Order VIII Rule 6A CPC for Counterclaim Arising After Filing Suit. The court held that a counterclaim arising after the suit but before filing of written statement can be introduced by amendment under Order VI Rule 17 CPC, and such counterclaim is not barred by limitation if filed within three years under Article 113 of the Limitation Act, 1963.

20 Jan 2005

The petitioner, Mrs. Ivy Muriet Fonseca, was the defendant in Special Civil Suit No. 85/2001/C filed by the respondent, Mr. Porus Adi Dotor, seeking s...

High Court

Bombay High Court Dismisses Petition Challenging Trial Court's Order Allowing Counter-Claim in Property Suit. Amendment of Plaint After Issues Settled Constitutes Exceptional Circumstance Justifying Filing of Counter-Claim Under Order VIII Rule 6-A CPC.

28 Feb 2025

The petitioner, Vijaymala Sidling Doijad, filed a suit (Regular Civil Suit No.1056 of 2006) seeking injunction against the State of Maharashtra and th...

High Court

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.

21 Sep 2017

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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