Deemed conveyance undivided share issue

650 votes

If you are defendants and the reliefs you seek arise out of the same transaction/cause of action and substantially overlap with the plaintiff’s claims, filing a counter-claim in the existing suit is generally preferable to instituting a fresh case, as it can avoid parallel proceedings and inconsistent findings. However, the counter-claim must be maintainable under Order VIII Rule 6A CPC and within the court’s jurisdiction; if your reliefs are based on an independent cause of action or cannot properly be adjudicated in the existing suit, a separate proceeding may be appropriate.

Advocate Riddhi Pratap Bothara LawRato

898 votes

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Advocate Vibha Narendra Mishrikotkar LawRato

937 votes

If your case arises from the same cause of action as that of the plaintiffs, you must file counter claim. However if the cause of action is different from plaint, then its better to proceed with fresh suit.

Advocate Keyur Kulkarni LawRato

699 votes

file counter claims it will be more easier for you to maintain One suit, and it will be much more convenient for your budget as well because if you file multiple suit it will cost you, but if you want to settle the case, you will need to show aggressive behaviour and the other side should feel that you are really serious about this case, for that you can file 2 3 cases as well, but in the end it all depends upon you and your strategy how you want to pursue this

Advocate Moksh Jain LawRato

679 votes

Hello, Since you are the defendants and your reliefs are largely overlapping with the subject matter of the existing property suit, filing a Counter-Claim under Order VIII Rule 6A of the Code of Civil Procedure (CPC) is the most legally sound and tactically advantageous option, rather than filing a fresh suit. Here is why a Counter-Claim is highly recommended in your scenario: 1. Avoids Multiplicity of Proceedings: A counter-claim is treated as a cross-suit and is heard by the same judge alongside the main suit. This prevents conflicting judgments from different courts regarding the same property and saves substantial time and litigation costs. 2. Prevention of Technical Bars (Res Judicata / Order 2 Rule 2): If you file a fresh independent suit for overlapping reliefs, the opposite party might object to it under Section 11 (Res Judicata) or Order II Rule 2 of the CPC, claiming that the dispute is already being litigated in the first suit. A counter-claim safely protects you from such technical dismissals. 3. Independent Status: Even if the plaintiff eventually decides to withdraw their original case or if their case is dismissed, your counter-claim will still legally survive and proceed independently to final judgment. Procedural Requirement: You must file this counter-claim along with your Written Statement (WS) or before the time limited for filing your defense has expired. Court fees will be applicable on the valuation of the reliefs you are seeking in the counter-claim. Kindly consult your advocate to draft it comprehensively alongside your written defense.

Advocate Pramod Satish Mhaskar LawRato