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rajendra (lawyer)     02 April 2012

Counter claim ..very urgent

In partition suit , I made a counter claim .The original suit was withdrawn stating that a compromise has been reached ,Whereas according to law ,Compromise should be in writing .Nothing as such was done ,The suit was withdrawn by the plaintiff misguiding the court ,although my lawyer signed on withdrawl .But he says that there was no specific direction or the judgement on withdrawl  was silent about counter claim .The court fees was paid for counter claim .I moved an application for revival of couter claim .The court dismissed the suit saying that MY counter claim was an alternate plea ...What is the remedy .kindly advise .Should i go the high court or not ..


 3 Replies

ajay sethi (lawyer)     02 April 2012

court accepts the statement of parties that settlement hs been arrived at . your lawyer was present in court . you must have given him instructions that compromise has been arrived at . court has not been misguided .

rajendra (lawyer)     02 April 2012

Sir settlement has to be in writing .The withdrawal of the original plaint has been signed by my counsel but the court was silent about the counter claim.

Advocate Bhartesh goyal (advocate)     02 April 2012

Countr claim is cross suit it can not be dismissed or deemed to be withdrawn in case plaint is withdrawn or dismissed by court.withdrawn of suit  does not mean withdrawn of counter claim.your conter claim{suit } you must approach to higher court and challange the order of court.

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