Civil Procedure Code (CPC)

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subhnandan (business man)     15 August 2016

Counter claim

sir 

i have filed a partition suit on my fathers named property and i have all the strict proof against my brothers but the defendnts are (my 3 elder brothers) file a false counter claim on me .can court accept the counter claim without any single evidence .



 7 Replies

G.L.N. Prasad (Retired employee.)     16 August 2016

When the case is pending before a court of law, it is upto the judge to decide on facts of the case and on evidences.  Judges can not go only on counters filed and they look to other facts and evidences in deciding a case.

P. Venu (Advocate)     16 August 2016

What is the counter claim, that too in a partition suit?

subhnandan (business man)     16 August 2016

Counter claim is 4 acres land which is registered on 1969 my own name and another building which is registered on 1999 in my wife's name. They claim that 2 property is also is our joint property that also included in this partition suit. We are also paid money labour to said property .they are not given a single money to me. They have no evidence also just for delay for trial the suit .can court treat both are joint family property.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     16 August 2016

You need to be slightly more clear in describing the counter claim for us to help you. Reproduce the prayer clause in his counter claim here if you can.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Kumar Doab (FIN)     18 August 2016

The author has initiated many threads.

Readers/members/experts may  go thru these e.g;

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=140877&offset=1

 


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