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Nambiar JUDGMENT M. Sasidharan Nambiar, J. 1. Can a counterclaim be allowed to be raised subsequent to the filing ... argued that defendants having failed to raise a counterclaim in the written statement arc precluded from introducing a counter claim
Kerala High Court
- Cites 7 - Cited by 2 -
2007 (1) KLT 92
- M S Nambiar - Full Document
stage, the respondents made a prayer to treat the counterclaim as a plaint in a cross-suit, The trial court ... trial court with a direction that the counterclaim be treated as a plaint in the cross-suit and the reply
Supreme Court of India
- Cites 12 - Cited by 65 -
1964 AIR 11
- N R Ayyangar - Full Document
Code of Civil Procedure, The counterclaim has also to be decided as a suit as per law. 9. The Court ... obtained by the defendant before filing the counterclaim. Of course, incidentally, the Court below went into the aspect of merits
Andhra High Court
- Cites 7 - Cited by 6 -
AIR 2004 AP 428
- D Varma - Full Document
affidavit within seven days in regard to a counterclaim, set-off or cross-demand which he intended to avail himself ... That notice merely requires the debtor to prefer his counterclaim within seven days, if he has such a counter-claim
Bombay High Court
- Cites 10 - Cited by 14 -
(1950) 52 BOMLR 189
- F Ali - Full Document
argued that since the Defendants have filed their own counterclaim in this Court, they are not entitled to reliefs either ... contention is that the filing of the counterclaim is entirely voluntary and is an independent institution of suit
Bombay High Court
- Cites 11 - Cited by 6 -
AIR 1965 Bom 114
- Full Document
under Rule 6, set-up by way of counterclaim against the claim of the plaintiff, any right (SIC) respect ... limited for delivering his defence has expired whether such counterclaim is in the nature of a claim for damages
Supreme Court of India
- Cites 16 - Cited by 87 -
AIR 2003 SC 2508
- R Lahoti - Full Document
Court to the DRT to be tried as a counterclaim, and could a Coordinate two Judge Bench in State Bank
Supreme Court of India
- Cites 110 - Cited by 55 - S Sinha - Full Document
file a written statement in answer to the counterclaim of the defendant within such period as may be fixed ... apply to the Court for an order that such counterclaim may be excluded, and the Court may on the hearing
Karnataka High Court
- Cites 6 - Cited by 11 -
AIR 1991 Kant 283
- Full Document
requested on behalf of defendant 3 to convert his counterclaim into a' plaint, and to decide it as such ... Secretary has not been found to be maintainable, counterclaim put forth by defendant 3 if converted into a plaint will
Punjab-Haryana High Court
- Cites 5 - Cited by 9 -
AIR 1988 P H 38
- Full Document
that since no appeal has been filed against the counterclaim, the plaintiff is not entitled to the relief of specific
Madras High Court
- Cites 21 - Cited by 9 -
AIR 1991 Mad 163
- K M Natarajan - Full Document
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