Our advocate not pressed a counter claim(recovery of possession and arrears of rent). submitting " not to press the claim in W.S. due to some technical defects and she further reserves a right to file a separate suit against the plaintiff to evict her from the suit property, its recovery of possession, arrears of rent, mense profits etc."
with out any enclosed petition are prayer.
court order is as - " there may be technical defect in the counter claim but this court cannot grant the right to the defendant to file a fresh suit on the same point of counter claim which the defendant want to not press. The subsequent suit may be guided by any regular manner as per having no reference to the order of this court."
Query is - Does this order become any Legal embargo on next suit filed buy us for eviction of tenant, recovery of possession and arrears of rent etc.
