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IKGoyal Advocate (Legal)     08 April 2009

Limitation on counter claim

Is their any limitation on counter claim or counter claim can be filed in a plaint even timebarred money

O8R6A subclause 4 says " the counter claim shall be treated as a plaint and governed by the rules applicable to plaints."

So limitation should be 3 years .

But is their any judgement on this



 5 Replies

Y V Vishweshwar Rao (Advocate )     08 April 2009

All the lagal Possition are applicable to a Suit will apply to the Counter claim and the Counter claim shall be filed along with writtne statment.

IKGoyal Advocate (Legal)     08 April 2009

Thanx for reply

But still don't get my answer

question is someone can file counter claim for time barred money.

If answer is no than is their any judgement about limitation on  counter claim

Ashey   09 April 2009

yes there is limitation for counter claim ...

No ... you cannot make couterclaim for any time barred debt

 

IKGoyal Advocate (Legal)     09 April 2009

where is mentioned about limitation on counter claim is their any case law. it can't be answer just yes and no

manish (Advocate)     07 October 2019

written statements was filed b4 4 yrs issued are not framed can I filed counter claim with same title or should i present defendant as plaintiff and continue

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