Q 1. What is Counter -Claim
Ans: A claim made by the defendant in a suit against the plaintiff is called 'Counter-claim.
Supreme Court of India in Mohinder Singh v.Data Ram observed in a suit the defendant may set up a counter-claim against the plaintiff in order to make the relief sought by him unsuccessful, but such counter-claim can be made only in respect of such a right for which the defendant could file a separate suit.
Q 2. Explain the expression 'Proper Party'
Ans: A party whose presence enable the court to adjudicate the disputed matter more effectively and completely. In other words it can be said that party is said to be a proper party whose presence is not 'must' but his presence helps the court to adjudicate the disputed question more effectively and completely.
Q 3.What is the meaning of Non-Joinder or Misjoinder of Parties?
Ans: When a person, who is necessary or proper party to a suit but did not join as a party to the suit, it is a case of non-joinder of parties. On the other hand, if two or more persons are joined as plaintiffs or defendants in one suit contrary to the provisions of Order 1,Rule 1,who may be as plaintiffs and rule 3, who may be joined as defendants respectively and they are neither necessary nor proper parties, it is a case of mis-joinder of parties.
Ans: A claim made by the defendant in a suit against the plaintiff is called 'Counter-claim.
Supreme Court of India in Mohinder Singh v.Data Ram observed in a suit the defendant may set up a counter-claim against the plaintiff in order to make the relief sought by him unsuccessful, but such counter-claim can be made only in respect of such a right for which the defendant could file a separate suit.
Q 2. Explain the expression 'Proper Party'
Ans: A party whose presence enable the court to adjudicate the disputed matter more effectively and completely. In other words it can be said that party is said to be a proper party whose presence is not 'must' but his presence helps the court to adjudicate the disputed question more effectively and completely.
Q 3.What is the meaning of Non-Joinder or Misjoinder of Parties?
Ans: When a person, who is necessary or proper party to a suit but did not join as a party to the suit, it is a case of non-joinder of parties. On the other hand, if two or more persons are joined as plaintiffs or defendants in one suit contrary to the provisions of Order 1,Rule 1,who may be as plaintiffs and rule 3, who may be joined as defendants respectively and they are neither necessary nor proper parties, it is a case of mis-joinder of parties.
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