Counter claim

A general answer is:

All the defendants should file counter-claim. All the defendants should pay the necessary court fee for counter-claim to the Court. 

Not filing a counter-claim implies that he has given up his claim. 

The judgment and decree of counter-claim would be applicable to first defendant only and not to the second defendant who did not file a counter-claim. 

The judgment and decree would clearly specify the reliefs granted to the plaintiff, first defendant and second defendant. The reliefs granted to the first defendant would not automatically be applicable to the second defendant. 

There are other options also, such as filing a suit, i.e. the second defendant can file another suit against the plaintiff of the first suit instead of filing a counter-claim. Either a counter-claim or another suit - both of them can achieve the same purpose. 

If he has a claim, he must file either file a counter-claim or a separate suit against the plaintiff.

The above is a general answer. The exact answer would depend on the exact facts and circumstances of your case. 

Can file seperate suit even issues has been framed?

If the other defendant has not filed the counter claim nor has adopted the counter claim filed by the 1st defendant then it clearly indicates that the 2nd defendant is not interested in the relief sought by the 1st defendant.

However if the counter claim relief is sought by the 1st defendant against the plaintiff alone then in this situation the counter claim relief granted by court will not be applicable to the 2nd defendant

only Defendant No. 1 will be covered by the counterclaim if Defendant No. 2 is not a necessary party to it.

Regards,

Adv. Saurabh Verma

9911506046

If defendant no.2 don't file his counter claim then decree passed by court will not be applicable to defendant no.2.

If defendant no 2 has not filed any counter claim then he is not entitled to get fruits of counter claim filed by defendant no 1.

Originally posted by : Vinayak Patil
	Can file seperate suit even issues has been framed?

Whenever we file any suit, there are facts of the case, material facts, cause of action and reliefs claimed. The Law of Limitation is applicable to them. Any suit has to be filed within the limitation period, which may be six months or one year or three years or any other period from the dates of facts in your suit. 

If you do not file the suit within the limitation period, then you may file an application for condonation of delay giving reasons for the delay. Some judges will be strict and some may not be strict while considering the application for condonation of delay. 

Framing of issues in one suit may not affect the filing of another suit. If you wish to file another suit, please file it at the earliest. Check the limitation period depending on the facts of the case and the reliefs claimed. File it at the earliest within the limitation period. If the limitation period is already completed, then file the suit along with an application for condonation of delay. 

What are the facts? Any suggestion will depend upon the substance and nature of the counterclaim.