VRK (business) 03 April 2025

Counter claim suit in my friend's residency and property situated court possible?

Sir/Madam, One of my friend defendent in a case, his relative filed a partiion suit agaist him, which acquired properties through a will deed, plaintif asked will deed voidable, asked injunction in IA. Plaintiff filed suite in another state showing a jurisdiction which is not in his will deed properties list.Actually suit has no jurisdiction and plaintiff has no locus standi, he just filed suite for blackmailing, asking some properties in will deed.

My friend lawyer advised him, we file counter claim suite, my friend residing state jurisdiction civil court, one of property situated jurisdiction. My friend and my doubts are what is counter claim suite, how its work? what will happen in other state civil court suite? who will get injunction? if both get injunctions, what will happen?

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5 Replies

R.K Nanda (Advocate) 03 April 2025

Your friend should follow the advice of his lawyer.

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T. Kalaiselvan, Advocate (Advocate) 03 April 2025

It is not understood that he was advised to file a counter claim and what is the claim that he intends to make by this counter claim petition.

Please be aware that if at least one of suit properties is situated in the jurisdiction of court then the court will entertain the suit.

Hence you can ascertain the facts and revert with more details to enable us to render proper opinion.

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Dr. J C Vashista (Advocate ) 04 April 2025

The suit is maintainable in the civil court(s) where the subject property is located.

Unbelievable facts.

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Law Student 04 April 2025

If there is no jurisdiction and if the plaintiff has no locus standi, the defendant can get the suit dismissed at the beginning itself.

The defendant can file a petition under Order 7 Rule 11 of CPC to reject the plaint. The defendant can say that there is no jurisdiction and locus standi.

Of course, it is necessary to study all the papers to decide whether there is no jurisdiction and locus standi, and whether Order 7 Rule 11 of CPC is applicable or not.

Order 7 Rule 11 has four clauses (a) (b) (c) (d). The clause (d) is as follows:

(d) where the suit appears from the statement in the plaint to be barred by any law.

If there is no jurisdiction and locus standi, the defendant can invoke the above clause (d) of Order 7 Rule 11 of CPC to reject the plaint and get the suit dismissed.

If Order 7 Rule 11 (d) is applicable, there will not be a need to file a counterclaim or any other suit.

In any case, the defendant can consider other options such as filing a complaint against him for fraud etc.

I don't think counter claim is a good option. If simple options such as the above do not work, then the defendant must consider filing a separate suit as a last option, as a last resort, after trying all other options.

A separate suit against a person who has no jurisdiction and locus standi is meaningless. So, you first try all other options.

Please consult a couple of good lawyers.