lalit rishi (lawyer) 21 August 2009

counter claim

Is counter claim allowed if the claim petition itself is withdrawn. Meaning thereby can there be a counter claim without there being a claim. in the present case I withdrew the case before any counter claim was made.Moreover the respondent earlier filed a suit for the same claim which he is claiming as counter claim which was dismissed in default.

now in these circumstances few questions arises that will the principal of resjudicata apply, i think no because dismissed in default is not a lis decided. Or will the principal of res sub-judice will apply, i think no because the matter has been dismissed and is not pending adjudication.

Can any body help me out with Legal Position in this respect.

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3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 21 August 2009

Mr. Lalit,

The object of counter-claim is to reduce the pendency of cases and the causes of action and cross-claims of similar nature could be clubbed together and disposed of by a common judgment. It reduces the expenditure, time and convenience of the parties and courts.

R.R. KRISHNAA (Legal Manager) 21 August 2009

The earlier case filed by the respondent has been dismissed for default. It does not apply as res judicata to the present counter claim made by the respondent.

(On the other hand if the earlier case had been decided on merits, then it would stand as res judicata.)

So there is no question of res judicata in your case. But you are also safe to the extent that there can be no counter claim as you had withdrawn your suit before the counter claim is made.