Search Results for Tag : Defendant

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Delhi HC: No Bar in Hearing Defendant Not Summoned at Pre-Summons Stage(02.08.2021)

Delhi High Court has held that there is no bar in hearing a defendant, who is neither served summons or appearing on caveat, at the pre-summons stage .....

Tags : Delhi High Court, Defendant Not Summoned at Pre-Summons Stage

MP HC: Co-defendants Must File Separate Suit Against Each Other for Dispute Over Suit Property(15.03.2024)

Madhya Pradesh High Court has held that it is a settled law that the co-defendants cannot fight against each other as they cannot file a counterclaim .....

Tags : Madhya Pradesh High Court, Co-defendants, Suit Property

SC: Failing to File Written Statement Within Time Does Not Lead to a Decree Against the Defendant(15.01.2024)

Supreme Court has held that mere failure or neglect of a defendant to file a written statement controverting the pleaded facts in the plaint, may not .....

Tags : Supreme Court, Written Statement, Decree, Defendant

SC: Defendant Cannot File a Counter-Claim against a Co-Defendant under Order VIII Rule 6-A CPC(16.09.2025)

SC ruled that under Order VIII Rule 6-A CPC, a counter-claim can only be filed against the plaintiff and not a co-defendant. The bench set aside the G.....

Tags : Defendant, Counter-Claim, Co-Defendant

SC: Can Apply Principle of Res Judicata if Conflict of Interest Exists between Co-defendants(10.07.2024)

Supreme Court while observing that the principle of res judicata is not only applicable between plaintiff and defendant but also between two co-defend.....

Tags : Supreme Court, Res Judicata, Co-defendants

SC: Validity of Sale Deed Executed b/w co-defs. Can’t be Decided in Plaintiff’s Suit for Possession(08.05.2023)

Supreme Court has held that in plaintiff’s suit for possession, validity of sale deed executed between the defendants cannot be considered as it would.....

Tags : Supreme Court, Sale Deed, Validity, Co-Defendants

Delhi HC: Intent of Foreign Seated Defendants to Target Indian Customers Must be Established(27.10.2021)

Delhi High Court has observed that in case of internet trademark infringements, the intent of foreign seated defendants to target Indian customers and.....

Tags : Delhi High Court, Intent of Foreign Seated Defendants

SC: Under Order 1 Rule 10 CPC, the Plaintiff, as Dominus Litis, Cannot be Forced to Add a Defendant(06.01.2026)

Supreme Court dismissed a plea to be added as a defendant, holding that the plaintiff, as master of the suit under Order 1 Rule 10 CPC, cannot be comp.....

Tags : Dominus Litis, Defendant, Forced

SC: Once Pleadings are Complete but Defendant is Set Ex Parte Defendant's Rights Suffer Curtailment(24.04.2025)

SC has observed that once pleadings are complete but defendant is set ex parte, and such order has attained finality, defendant's rights suffer a curt.....

Tags : Supreme Court, Defendant's Rights, Ex Parte

Supreme Court: Counterclaim under Order 8 Rule 6A CPC Allowed Only Against Plaintiff(13.11.2025)

Supreme Court reiterated that a defendant cannot file a counterclaim against co-defendants. It clarified that under Order 8 Rule 6A CPC, a counterclai.....

Tags : Counterclaim, Plaintiff, Defendant