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Compulsory Counterclaim Dismissal Ruling by CHRISTY NGALOY is a document available to read on EtoBox.
What is Compulsory Counterclaim Dismissal Ruling about?
The Supreme Court ruled that the dismissal of a complaint carries with it the dismissal of a compulsory counterclaim. This is because a compulsory counterclaim is auxiliary to the main case and derives its jurisdiction from the original suit. Thus, if the trial court no longer has jurisdiction over the main case after dismissal, it also lacks jurisdiction over the compulsory counterclaim. However, if grounds for dismissal arise, the proper action for the defendant is not to seek dismissal of the complaint,
- Author
- CHRISTY NGALOY
- Language
- EN