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Sandeep Gupta (Manager)     06 September 2018

Counter claim by way of written statement

One of the co-defendent has filed the counter claim by way of written statement in the partition suit but she has not filed any I.A. to the counter claim in two and half year. 

Later main case was dismissed by the court under Order 7 Rule 11.

Now this co-defendent filed the RFA in High Court saying that lower court should have consider their counter claim. However under Order 7 Rule 11 court only look into the palint to decide the matter.

Under these circumstances is this counter claim valid in HC where this co-defendent never filed any I.A. to prees upon court to consider the counter claim for tow and half year before main case was dismissed.

Is it mandatory to file I.A for the counter claim to bring to the notice of the court or not.

Thanks and Regards,

 



 3 Replies

TGK REDDI   06 September 2018

Counter claim by way of Written Statement is illegal.

raj Kushi   27 August 2020

Counter claim by way of Written Statement how it is illegal sir.could u pls explain sir....any rulings regarding this

Advocate Bhartesh goyal (advocate)     27 August 2020

Generally plea of counter claim is taken in written statement.No separate I.a is required for  filing counter claim along with w.s. Counter claim is treated as separate suit against plaintiff.Dismissal of plaintiff's suit u/o 7 r 11 cpc does not mean that Counter claim has been decided Court has to proceed the trial of counter claim and pronounce it's judgment

 


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