counter claim



Respected sir, kindly help i had a counter claim pending..but subsequently the suit was withdrawn without my knowledge and the file was sent to record room along with the no comments on counter claim .i want to revive it kindly tell the duration of revival of claim any limitation please help..it was the judge mistake...

 
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Advocate

With Out Notice to otherside the Suit can not be withdrawn , more particularly where there is Pending  Counter Claim , File a petition( u/s 151CPC )  to resotre the suit on the ground the suit is withdrawn with out decidign the Counter claim .


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Advocate

Kindly enlighten, if a suit ( without counter claim ) is withdrawn without notice to the opposite party, what prejudice might be caused to the opposite party.

What objection the opposite party may raise?

 
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Advocate

Fro opposite party/Defendnats the following to be considered :-

Cost of the Suit/ exemplory costs  and Notice about   the suit is being to be withdrawn, he will insistign for his costs  and he will be assessign the consequences of  the  withdrawal   suit .

 
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Advocate

 

For  opposite party /defendants  - be read

 

 
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law officer

I completely agree with Mr Rao

 
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mr rao..

we have filed the necessary application u/s 151 cpc but suit has not  been restored from last five years although they have ordered for the commission survey of the disputed property on the date of filing the application u/s 151  but have not restored the counter claim till today....the court is of the view that since the lawyer on that day has signed for the withdrawal of the suit and the sitting judge has ordered the suit is withdrawn eithout reffering tocounter claim and my lawyer on that day says that he has not signed for the withdrawal of counter claim ..wat remedy u advice to me..????

 
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