THE EFFECT OF ORIGINAL ACTION EXTINCTION ON COUNTERCLAIM

The counterclaim is one of the ancillary action's which on behalf of the defendant is filed against claimant. Hence, some belive that the counterclaim is subject to original action and extinction of the original action cases is extinction. In this article, we will see that unless exceptional cases, the extinction of the original action shall not affect the counterclaim and this action will continue it's legal existence. The counterclaim is one of the ancillary action's which on behalf of the defendant is filed against claimant. Hence, some belive that the counterclaim is subject to original action and extinction of the original action cases is extinction. In this article, we will see that unless exceptional cases, the extinction of the original action shall not affect the counterclaim and this action will continue it's legal existence.