Question is regarding the validity of counter claim.
Brief facts:
Now this defendant has filed a RFA in high court for this counter claim saying that the lower court has not consider her counter claim.
Now High Court has issued the notice.
If counterclaim has to be taken into account, it is is against the possession of the property of co-defendant. There is nothing against the plaintiff whereas it should be against the plaintiff.
Can it be valid in law since it is only the plaintiff who can reply to the counter claim. It is only the plaintiff who has been given a right to file reply to the counter claim under rule 6A-G. Even Court can also pass a judgment against the plaintiff not against the possession of the property of co-defendant.
Court in this case has put me in an unlawful situation by issuing the notice to me where I can’t even file a written statement to peruse this case as per law.
How do I proceed? Will it be a valid counter claim?