Counter-Claim against Co-Defendant.....?

Counter - Claim against Co - defendant....!

                                 

- Basically counter claim may be filed against plaintiff if any right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before or after filing of the suit but before the defendant has delivered his defence or before the time limited for delivering his defence has expired.

- Counter claim may be filed in respect of any relief.

- It be filed along with written statement or after filing of it with permission of court.

- It be filed against plaintiff but in which relief can be claimed against co defendant along with plaintiff.

- Counter claim solely against co defendant is not maintainable in the eyes of law.

== Relevant Provision ==

-Order 8 Rule 6A of C.P.C.

= Relevant Judgement =

- Rohit Singh & Ors v/s State of Bihar A.I.R.2007 S.C.10= 2006 SAR 85.

- Communidade of Pirla v/s Government of Goa 2010(6) M.L.J.433.

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