Counter claim in miscellaneous petition

Are you the lawyer in this case?

I think it is not possible, but u can insist for , in your counter to impose exemplary cost.

Hi,

Thanks for replies. I am not the lawyer but I am party in person drafting my own objections with help of lawyers.

I could not find any examples of counter claims in miscellaneous petitions but I thought as section 141 provides for miscellaneous petitions to be equal to suits procedurally it may be possible.

I did find some arbitration petitions where respondant contrator files a counter claim. Also some writ petitions for marriage where respondent files counter calim. But nothing under order 9 rule 13

What is the max for exemplary costs ? I will be happy if I can get any interest awarded to the decreed amount as the decree does not give any interest. Is there any way to get intrest till date of realisation ? This will prevent the applicant from draging the litigations.

Thanks.

Dear Ramesh,

How can he file a Misc Petition under Order 9 Rule 13 ?

In practise defendant/s files an application under Order 9 Rule 13 in the same court which has passed an ex-parte decree.

Regards 

Hi Rahul,

Defendant has filed in same court saying it is exparty when it was contested. He appeared, filed ws, cross examined then stopped appearing. now he says he wants to lead his evidence so he claims it is exparty decree.

Since it is a misc petition, section 141 applies so same procedure to be followed as suits.

So can I file counter claim in his misc petition claiming for damages/interest that were not awarded in decree ?

Also in the same lines, can I file application under order 7 rule 11 or order 15 rule 3 to have it dismissed quickly without allowing him to drag on the evidence in his misc petition ?

Thanks.

Order 9 rule 13 provides for an application to be filed in the same court. Obviously if had stopped apearing the court must have proceeded exparte against him. You shall file your objections against the application in which itself you can pray for exemplary costs to be awarded to you. Counter Claim is not possible in this case because the matter has already been decided. whereas he has just moved an application and not filed a suit.