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naresh (advocate)     24 September 2008

seekd advice/judgement

respected experts namaskar

i have file a suit for recovery before civil judge of Rs. 2lack defendant has enterd with written stament as well as a SET OFF CLAIM and Counter claim. counter claim of Rs. 47000only in his W.S. he stated he has to recover 6lac from the plaintiff so he has on the same cause of action a suit for recovery of Rs, 6LAC file before A.D.J. where iam defendant i have move application U/S O7RULE11 dismissed suit on the the ground suit bar under Order 2 Rule 2 cpc. my plea is that he has to file whole claim either in the court of C.J.OR A.D.J. Defendant say he has not the pecunary juridection so he has right to file suit before the ADJ now my question is this Can a counter claim be file half in the court of civil judge and half in the court of ADJ due to pecuniary juridection pls give me judgements who support my case suit cant file half half and if the claim is high to the pecunary juridection than counter claim liabel in ADJ COURT
THANKS IN ADVANCED
NARESH KUMAR


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