Counter claim

Mugundhan (Querist) 15 December 2016 This query is : Resolved
My client's sister filed a partition suit against my client & 3 other defendants. Since the plaintiff did not take steps to serve summons, suit against my client alone was dismissed. Suit is continuing against the other defendants. Now my client wants to file counter claim in the above case now. What is the procedure

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adv.bharat @ PUNE (Expert) 15 December 2016
You need to amend the prayer clause and again file the counter claim as per your requirement.

J K Agrawal (Expert) 15 December 2016
Counter claim is just as a separate claim. You file a separate suit with your cause.

BUT to note that the procedure in partition suits are different. In this type of case, all the persons are applicant only as the plaintiff and defendant seek same remedy. So this type of case is Not proceeded Exparte no dismiss or decree in default possible. The Decree is only result of this type of case. Further first Preliminary decree passed then final.

You enter in this case again at the stage it is running presently.

Guest (Expert) 15 December 2016
Counter Claim would be Accepted in the Same Suit which is Pending against your Client with Justifiable Reasons with Genuine Proofs.It should be Submitted with in Time where the already Pending Case should not have Crossed the Limits of Cross examination and Written Proof Submission Etc.If the Counter Claim Exceeds the Limit of City civil Courts the Entire Case Both the Cases Claim and Counter Claim Would be Transferred to High Court.File the Counter claim in the Same Pending Suit at the Earliest