counter claim

anonymus (Querist) 12 September 2008 This query is : Resolved
dear sirs, its just on academic aspect. what would the right course when in a suit a counter claim is made by the defendant and coming to this the plaintiff files a petition to withdraw the suit by making an endorsement.The defendant makes an application that the plaintiff cannot withdraw and that he may be transposed as the plaintiff.

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KamalNayanSaxena (Expert) 12 September 2008
Plaintiff is always free to withdraw its plaint, defendant can claim only the expences and cost for its defence. However, proceedings for counter shall be continued

Murali Krishna (Expert) 13 September 2008
Plaintiff has a right to withdraw his suit. But, it is not always the case. The court has to give him permission. However, Court is duty bound to satisfy itself that there are grounds for such withdrawal.

Refer to Kokila V. K.Bhupaty; (2000)5 SCC 458.

RASIK DAGLI (Expert) 16 September 2008
Once Counter Claim is filed it is as good as cross suit. If the suit is withdrawn, the counter claim will stand and will be tried by the court as if it is a cross suit.