Can single appeal be filled against counter claim and suit

Priyanshu Mehta (Querist) 25 March 2024 This query is : Resolved
Dear Experts,

The plaintiff has filled second appeal in single way against the counter claim and civil suit. As the trial court has passed the judgement in single by mentioning counter claim and civil suit.

The defendant has filled counter claim and civil suit reply in single application thats why the trial court has given the single judgment and single decree of the same.

Now, the question arises before the higher court is that, can the plaintiff file single second appeal against counter claim and the decree judgement ? The plaintiff lawyer has argued that trial court has not given the two judgements against the counter claim and civil suit thats why there is no requirement to file different appeals.

Hence, experts I have following queries in this regard :

1. Is the second appeal maintainable at above law point even if no different appels are filled ?

2. If the second appeal is dismissed with the above reason can the plaintiff file two different appeals with delay of condonation?

3. If the second appeal has no question of law arises and does not have any merits then is the plaintiff has chances to get the stay order in his favor ?

Please guide on theses.Experts guidance are highly appreciated.

Thanks and Regards.

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Quick Summary

This discussion explores whether a single appeal can be filed against a combined judgment that addresses both a civil suit and a counterclaim. Experts confirm that if the trial court issued a single judgment and decree for both, a single appeal is generally maintainable. They also address the implications if such an appeal is dismissed, including the possibility of filing separate appeals with a delay condonation, and the likelihood of obtaining a stay order if the appeal lacks merit or a substantial question of law.

T. Kalaiselvan, Advocate (Expert) 26 March 2024
1. Since it is a single judgement made in that suit, a single appeal is only maintainable.
2. Perhaps not.
3. It is question of merits to be decided after the verdict.

Advocate Bhartesh goyal (Expert) 27 March 2024
( 1 ) Yes , Since plaintiff's suit and defendant's counter claim was decided by trial court through single judgment so single appeal is maintainable against the said judgment .
( 2 ) No.
( 3 ) No.

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