Limitation for counter-claim

Querist : Anonymous (Querist) 02 December 2011 This query is : Resolved
i filed a suit for mandatotry injunction to demolish the wall compound constructed on the way the plaintiff road.case stands two witness accepted the fact.but still i filed application for court commission.on that application when court asked opponent bfor say he filed counter claim.i would like to know whether any limitation for this time when witness ended.

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V R SHROFF (Expert) 02 December 2011
within 90 days from receiving notice, with w/s ot later for reasons and application to grant time for delay if any. CC CANNOT BE FILED AFTER DEFENDANT DELVERS HIS DEFENCE.

prabhakar singh (Expert) 02 December 2011
Law with regard to counter claim is stated in Order 8 Rule 6A to 6G, 7 to 9of the Code of Civil Procedure.
Order 8 Rule 6A lays that the defendant can raise a counter claim against the plaintiff either before or after the filing of the suit. He has to do this before he has delivered his defence.

In Addition All Law Relating to Counter Claim may be summarized as below::

1. The counter claim shall not exceed the pecuniary limits of jurisdiction of the Court.
2. The counter-claim shall have the same effect as a cross-suit so as to enable the court to pronounce a final judgement in the same suit.
3. The plaintiff can file a written statement to the counter claim of the defendant.
4. The counter claim shall be governed by law relating to plaints.
5. The defendant shall state the ground for counter claim in his written statement.
6. The court may direct the counter claim to be decided by a separate suit upon the application by the plaintiff.
7. The stay or dismissal of a suit will effect the counter-claim also.
8. The law relating to written statement will govern the written statement to the counter-claim.

M/s. Y-not legal services (Expert) 02 December 2011
am agree with shroff sir., maximum there is 90 days to file counter or written statement., after that also not filed mean its will be decide on merits., [its will be allowed]

Raj Kumar Makkad (Expert) 03 December 2011
I have similar opinion as of all other experts on this common issue.

Querist : Anonymous (Querist) 05 December 2011
thanks to the v r shroff sir,prabhakar sir,rajkumar makkad sir and tom sir also to make my knowledge abroad

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