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Law · Q1070

Code Of Civil Procedure

Graduate and Post Graduate · Law · question 1070

Q1070

In a suit for recovery of Rs. 25 lakh, the Defendant files its written statement and pleads that it does not owe any money to the Plaintiff but in fact, it is entitled to recover the sum of Rs. 40 lakh from the Plaintiff. The Defendant, however, does not file a counter claim. Can the Defendant file the counter claim at a subsequent stage in the suit or file a fresh suit seeking recovery of Rs, 40 lakhs?

A.
The counter claim and suit would be barred
B.
Only the counter claim would be barred
C.
The Defendant can file both either a counter claim or a suit
Answer
D.
The Defendant's claim stands abandoned

Answer: Option C

Solution

Answer: Option C
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