original claim and in the counter claim. Sub rule 6-A (4) of
Order 8 of the Code categorically provides that counter claim shall ... suit, where a
counter claim has been made, can be filed as if no counter claim has
been claimed, which necessarily means that the appellants
original claim and in the counter claim. Sub rule 6-A (4) of
Order 8 of the Code categorically provides that counter claim shall ... suit, where a
counter claim has been made, can be filed as if no counter claim has
been claimed, which necessarily means that the appellants
original claim and in the counter claim. Sub rule 6-A (4) of
Order 8 of the Code categorically provides that counter claim shall ... suit, where a
counter claim has been made, can be filed as if no counter claim has
been claimed, which necessarily means that the appellants
original claim and in the counter claim. Sub rule 6-A (4) of
Order 8 of the Code categorically provides that counter claim shall ... suit, where a
counter claim has been made, can be filed as if no counter claim has
been claimed, which necessarily means that the appellants
suit where a counter claim has been claimed, the appeal would be filed as if no counter claim had been claimed, which necessarily means that ... counter claim. Virtually a counter claim is like a set off claimed by defendant against claim for money set up by the plaintiff. The decree
Rule 19, covers cases where counter-claim involves claim other than money claim. According to her, a counter-claim is to be treated ... amended and counter-claim is brought on the same platform on which claim of set-off was.
(A) Scope of Counter-claim:
(a) Under Order
counter-claim is allowed.-
(1) Where the defendant has been allowed a set-off or
counter claim against the claim of the plaintiff, the decree ... suit
where a counter claim has been claimed, the appeal would be filed
as if no counter claim had been claimed, which necessarily means
that
counter claim and replication/written statement to counter claim
proceeded to dismiss the counter claim of the defendant's vide
judgment and decree dated ... adjudication as far as counter claim
is concerned. Learned trial Court while rejecting the counter claim
has formally adjudicated the claim of the defendants
where counter-
claim succeeds.- Where in any suit a set-
off or counter-claim is established as a
defence against the plaintiffs claim ... original claim and also on the counter-claim.
35. In the instant case, as has been discussed in
detail, defendants filed counter claims which were
work for counter claim. Rather as far
as counter-claim is concerned upto maximum Court fees is again
payable on counter-claim ... said decree, would be an appeal
challenging the decree passed in suit, and as far as decree passed on
counter claim is concerned, it would