Counter
sk..........
(Querist) 18 October 2013
This query is : Resolved
There are 2defendants in civil suit and has to file counter ,can a single counter be filed if the claim is same.
1- counter filed by defendant 1 & 2 , is this
enough.
or
2- should i mention counter affidavit of defndant 1 & 2.
R.K Nanda
(Expert) 18 October 2013
what is type of case?
Devajyoti Barman
(Expert) 18 October 2013
Both the defendants can file single counter or separate. It all depends upon the merit of each case.
Dr J C Vashista
(Expert) 19 October 2013
Give full particulars of case.
Counter-claim has to be filed alongwith written statement of defendants, depending upon their merits individually.
Ms.Nirmala P.Rao
(Expert) 19 October 2013
A joint counter affidavit signed by both of them/defendants would be required if claims are same.Please PRESS THE
thank YOU BUTTON ON MY PROFILE IF YOU WISH TO Thank ME FOR THIS REPLY.
Dr J C Vashista
(Expert) 20 October 2013
Respectfully I disagree with Ms. Nirmala P.Rao.
Affidavit/Counter affidavit has to be separate for all the deponent(s).
I am failed to understand YOUR CONCEPT to PRESS THE thank YOU BUTTON ON YOUR PROFILE?
prabhakar singh
(Expert) 20 October 2013
Pleading may be JOINT but NOT the affidavits.
Counterclaim and WS both could be filed togather jointly if there is no clash of interest inter see.
Ms.Nirmala P.Rao
(Expert) 20 October 2013
Dear Client,
With great respect to Mr.Vashista, I disagree that separate affidavits need to be filed by each plaintiff or defendant as the case maybe despite there being a commonality of interest in the subject matter. I reiterate that a single affidavit can be sworn on behalf of other plaintiffs or defendants as the case maybe if there is a commonality of interest according to Order 1 Rule 8 C.P.C. I've seen several model forms also in this respect.
Rajendra K Goyal
(Expert) 22 October 2013
Well advised by the experts, nothing more to add.
Ms.Nirmala P.Rao
(Expert) 23 October 2013
Dear Mr.Vashista and other Seniors,
Order 1 Rule 8 CPC permits one deponent to swear on behalf of others in a representative capacity to file a single affidavit accompanied by a combined petition before court signed by other petitioners/or deponents, be they plaintiffs or defendants as th case maybe- if they all have a common interest in the subject matter.
