counter claim and set-off

Ladhu Ram Chowdhary (Querist) 26 August 2010 This query is : Resolved
What precaution should be taken while framing issues in a case where counter claim is filed by the defendant. ?

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Rajeev kulshreshtha (Expert) 26 August 2010
The duty to frame issue is on the court. the parties can only suggest the issue. The issues shall be framed according to the pleadings of both parties.

pawan sharma (Expert) 26 August 2010
Yes, it is a duty of Court. Court can consider the counter claim to framing the issue bcz on it same provision is apply.

s.subramanian (Expert) 26 August 2010
Yes. I agree with Mr.Rajeev and Pawan.

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