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VRK (business)     03 April 2025

Counter claim suit in my friend's residency and property situated court possible?

Sir/Madam, One of my friend defendent in  a case, his relative filed a partiion suit  agaist him, which acquired properties through a will deed, plaintif asked will deed voidable, asked injunction in IA. Plaintiff filed suite in another state showing a  jurisdiction which is not in his will deed properties list.Actually suit has no jurisdiction and plaintiff has no locus standi, he just filed suite for blackmailing, asking some properties in will deed.

My friend lawyer advised him, we file counter claim suite, my friend residing state jurisdiction civil court, one of property situated jurisdiction. My friend and my doubts are what is counter claim suite, how its work? what will happen in other state civil court suite? who will get injunction? if both get injunctions, what will happen? 



 3 Replies

R.K Nanda (Advocate)     03 April 2025

Your friend should follow the advice of his lawyer. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     03 April 2025

It is not understood that he was advised to file a counter claim and what is the claim that he intends to make by this counter claim petition.

Please be aware that if at least one of suit properties is situated in the jurisdiction of court then the court will entertain the suit.

Hence you can ascertain the facts and revert with more details to enable us to render proper opinion.

1 Like

Dr. J C Vashista (Advocate )     04 April 2025

The suit is maintainable in the civil court(s) where the subject property is located.

Unbelievable facts.

1 Like

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