About counter claim
Adv M.D.Azhar
(Querist) 09 July 2014
This query is : Resolved
Sir, I have filed one suit for the declaration and temporary injunction. In the said suit, the land on which my client has constructed a house is agriculture land. The land to construct house was sold by the farmer who is the owner of the said land. The problem is that my client purchased said land by way of unregistered sale deed and he has been living in that house since 2007. Only land which is covered for the he house is sold and rest of the land is still with the farmer who is owner. Before couple of days the original owner tried to remove me from the house and want to get it back the said house. I have purchased the land and constructed the house which he wants to get it back. So I filed the suit for declaration and injunction in civil court at dated 19/05/2014. Notice was served on him on 27/05/14 than defendant engaged a lawyer on 23/06/14 and after giving the appearance he has filed the counter claim on 07/07/14. In which the heading given as combined reply of suit as well as injunction application. After denying the fact of the plain, he further aid the counter claim in which neither he disclose cause of action nor valuation of the suit nor he prays that, “may this honorable court be pleased to allow my counter claim” neither he prayed declaratory relief nor possession or he plead in the suit that he want to set aside the house but he has not paid the valuation or the court fee to set aside plaintiff’s house. Moreover he has filed reply of injunction application independent. So now I don’t know what should I do, I am preparing the reply of counter claim in which what kind of fact should be written or is it the correct form of the counter claim, if it is not than which kind of that and what is the procedure prescribed for it? I read the provisions which say that counter claim also same rules as the plaint. So please guide me on the law point and also on the fact and guide me that how should be the counter claim?
Devajyoti Barman
(Expert) 10 July 2014
I have found you posting several queries here.
First disclose whether you are an advocate or not.
Rajendra K Goyal
(Expert) 10 July 2014
Author,
Reply the clarification sought by the expert Devajyoti Barman sir.
T. Kalaiselvan, Advocate
(Expert) 10 July 2014
The opinion will depend on your reply to the query raised by expert Mr. Barman, hence please clarify.
Adv M.D.Azhar
(Querist) 11 July 2014
yes sir i am lawyer. i have started practice from th end of the 2012
V R SHROFF
(Expert) 11 July 2014
As not your personal problem: u can consult your Sr.+ court collogues..
