sameer shaikh (h) 17 September 2011

Counter claim

I m for defendent,i have filed my Written statement but now my client is asking me to file counter claim.

Can i can file my counterclaim after filing W.S?

Is there any Case law

pLEASE HELP

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6 Replies

kuldeep kumar (lawyers) 17 September 2011

yes absolutely

Ravikant Soni (LAWYER IN JAIPUR) 18 September 2011

Yes even after settlement of issues. but before adducing evidence on the part of defendent.

Ravikant Soni (LAWYER IN JAIPUR) 18 September 2011

The Supreme Court in Gayathri Womens Welfare Association Vs. Gowrammawas called upon to decide the appropriate stage in a proceeding at which a Counter Claim may be preferred by a Defendant. In the case in hand, the High Court had allowed the Defendant to raise a counter claim at the stage of appeal.

Ravikant Soni (LAWYER IN JAIPUR) 18 September 2011

This rulling may help to find out all the aspects relating to counter cliam.

kuldeep kumar (lawyers) 18 September 2011

before defence is the word used.so in appeal it can also be allowed when evidence of fact is allowed in appeal why not such counterclaim..afterall it comes in category of defence plus sword