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Counter claim

(Querist) 17 July 2011 This query is : Resolved 
In a suit for permanent injunction. Can the defendant file counter claim for declaration and recovery of possession for some other property between same parties?
M/s. Y-not legal services (Expert) 17 July 2011
No. Its not possible. In a permanent injunction suit you can not file a counter claim for various properties..
s.subramanian (Expert) 18 July 2011
No it cannot be done since the subject matter of the suit is different.
s.subramanian (Expert) 18 July 2011
Since the causes of action are different separate suit alone has to be filed and not a counter claim.


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