When suit & counter claim are partly allowed , whether one a
V.V.Ramadas
(Querist) 28 May 2018
This query is : Resolved
In a suit defendant filed counter claim and while passing the decree the court allowed the plaintiff's prayer partly and counter claim partly. Against the said decree- whether one appeal will lay or two appeals will lay ?
Ms.Usha Kapoor
(Expert) 29 May 2018
It depends on parties respectively. If both of them ar satisfied with the decrees passed they willl not file appeals against the orders. Otherwise if they are not satisfied with the decree they w9ill go for appeals against the orders.A Single appeal will lie from each party.
R.Ramachandran
(Expert) 29 May 2018
A single appeal will lie from each of the party.
Guest
(Expert) 29 May 2018
It all depends on who prefers the Appeal.
R.Ramachandran
(Expert) 29 May 2018
If the plaintiff is aggrieved that his entire claim has not been allowed he will prefer appeal to that extent. Further, if he is aggrieved by the order passed against him on the counter claim that part will also get covered in the same appeal being preferred by him. So, there will be one appeal from the plaintiff covering both the points.
Similarly, if the defendant is aggrieved by the order passed against him in the plaint, he has to prefer an appeal. Further, if any part of his counter claim has not been allowed and if he feels aggrieved then he will include that point also in the same appeal.
Whoever, though aggrieved by the order passed, fails to prefer an appeal, will loose a chance to agitate afterwords. (For instance the plaintiff will not agitate on a point which has been allowed in his favour. Therefore, it is only the opposite party which has to prefer the appeal. The opposite party will not be permitted to agitate this point in the appeal preferred by the Plaintiff, since the point of the opposite party will not be an issue at all in the appeal preferred by the plaintiff!).
Therefore, both the parties, if they are aggrieved by the decision have to prefer the appeal independently.
Dr J C Vashista
(Expert) 30 May 2018
Suit and counter claim are 2 different suits after counter claim has been registered.
Filing of appeal against the order/judgement/decree shall differ and depend upon aggrieved party even if there is common judgement.
Consult your lawyer if you are a party, however, if you are the counsel/advocate for either party seek guidance of a local senior.
V.V.Ramadas
(Querist) 30 May 2018
Thank you all , specifically many thanks to MR. R.Ramachandran who has given elaborate answer.
Please can you provide any ruling of any high court or supreme court on my query.
Ms.Usha Kapoor
(Expert) 09 July 2018
Agree with Ramachandran and Vashista.
