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SRIRANGAM (student)     24 October 2010

Counter claim

Dear LCI Members,

When to file counterclaim i.e. before the written statement or after I.A filed. Please clarify my doubt.



Learning

 13 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 October 2010

You can also counter claim in the WS.  If there is amendment by either of the parties to the plaint or WS after that also counter claim can be made.  If still it hasn't been filed you can file an IA to file c ounter claim.
 

G. ARAVINTHAN (Legal Consultant / Solicitor)     25 October 2010

If the defendant want to get relief from the plaintiff, he very well can file a case in way of filing counter claim instead of filing written statement .

In counter claim, one can defend a case and also a case can be filed against the opponent

Dr.B.M.Sood (Naturophysician)     25 October 2010

Sir/Madam,

What about conterclaim in DRT cases? I have filed an conter claim  substancial amount,likely to get awarded as well,rebuttal has been filed by me recentely,but the Public institute  I know having Public money will go for

Appeal in Appellent DRT,then High court then supreme court,let meknow wht should be best course to take,how Jurdisction of High courts is decided if bank is one state and party is other state,how to prevent he Bank to go To High court or spreme court.

B.M

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 October 2010

Counter claim is just like a plaint by defendent. You can file any time before DRT , but you should have evidence. Let them to and they will go the HC or SC but if your case is strong carry on.

You must have really suffered than only you will be heard.

Dr.B.M.Sood (Naturophysician)     25 October 2010

Dear  Mr.Shash Kumar,

thanks for prompt reply.I know the case I win in High Court as well as in Supreme Court as it is supported  by docmentry Evidence,exact wording used by our counseler,Senior Advocae Mr.Ashok Pathania of P&H High Court that you have been wronged,Banks have  public money,imdividuals does not have,my properties are attached,ifmy property are released,I  may take up this case to conclusion,litigation takes hell of  energy & finaces.

I have crossed 60 years,you do feel that it should be done fastest.even DRT takes hell of time,they might be loaded with  cases,but mostly presiding officers are officiating two places or many a times registrar is on leave,tell me how to hasten.muy mail is bmsood a@himpharm.com

However I am greatful .

 

BMSood

Dr.B.M.Sood (Naturophysician)     25 October 2010

My e mail was wrong is; bmsood@himpharm.com

or himpharm@gmail.com

Santosh Kumar Srivastava Adv (Advocate)     25 October 2010

counter claim is filed alongwith written statement as provided in Civil Procedure Code

Santosh Kumar Srivastava Adv (Advocate)     25 October 2010

counter claim is filed alongwith written statement as provided in Civil Procedure Code

Dr.B.M.Sood (Naturophysician)     25 October 2010

Dear Mr.Sirvastva,

thanks but read my above detail reply to Mr.Shash Kumar and it is also claified that it is filled with  written reply,even rebuttal to reply is given,now listed for banks evidence, but my question was different,how the Babk wit Public money be dealt,they will keep on appealing,where the common man go.

B.M

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 October 2010

This is our legal system , we have bear with it and try.

shrikant chede (law officer)     26 October 2010

counter claim is filed alongwith written statement


(Guest)

Counter claim should be within the pecuniary limits of the court in which the suit is already filed.  Both must fill the same character.  You can file a written statement  stating the the transactions between the plaintiff and the defendant  and the procedure in order 6 and 7  of C.P.C. will apply  and relevant court fees will have to be paid.

Santosh Kumar Srivastava Adv (Advocate)     13 December 2010

generally jurisdiction lies with the Court where cause of action arose or where defendant resides in your case you may choose the High Court within whose jurisdiction the transaction took place


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