cross suit

lalit (Querist) 23 September 2012 This query is : Resolved
Y the plaintiff files a case relying on an instrument.
X the respondent files a written statement along with an precedent agreement, which was never performed, with varying terms, i.e, inconsistent with terms of instrument on which Y relies.
Agreement filed by X does not invalidates the Y's instrument.
Can this be a ground for cross suit?

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ajay sethi (Expert) 23 September 2012
necessary to go through the case papers to advise . contact a local lawyer

R.K Nanda (Expert) 24 September 2012
take help of local lawyer.

lalit (Querist) 25 September 2012
thanks for the advice.
without a local lawyer i cannot initiate any proceedings.
but my objective for approaching this platform is to gain some first hand knowledge, so that when i am communicating with my lawyer i do not feel out of this world with the strategy he formulates and terminology he uses.
shall my counsel plead in defense that as the defendant is seeking relief on some other instrument whose terms are not in consistence with the terms in the instrument on which i am relying, he should file cross suit.

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