cunter claim in declaratory suit
Vijay Kumar
(Querist) 08 March 2011
This query is : Resolved
A suit has been filed by the Adoptive parents wherein declaration has been prayed to the effect that the Adoption Deed being the result of fraud and misrepresentation is null & void.
Would it be advisable for the defendant, the adopted son to file the Counter Claim to seek declaration that being duly adopted son, he has share in the property of his adoptive parents? Should he seek injunction against alination of the property?
Vijay Kumar
(Querist) 08 March 2011
Sorry, title has been misspelt.It is COUNTER Claim.
Y V Vishweshwar Rao
(Expert) 09 March 2011
The Counter Claim is nothing ,but a suit by Defendant against the plaintiff , he can file and he can seek interim orders also! The same procedure , Court Fee formalities and same nature of pleadings in independent suit , but being filed in the suit filed by the plaintiff !
Satyendra Kumar Pandey
(Expert) 09 March 2011
Yes, counter claim can be filed against the plaintiff and the relevant order in CPC is Order VIII please go through with it.
