Cap. 12 Art. 398Form of reconvention.

(1) The defendant who desires to set up a counter-claim shall set up his claim in the written reply to the application, whether sworn or not.

(2) The counter-claim shall be set up after the defence to the original claim made out as required by law; and the defendant shall, with respect to the counter-claim, observe, as far as practicable, the rules established by this Code or by any other law for the written pleading by which the proceedings were first instituted.

(3) Where proceedings are by sworn application, the setting up of a counter-claim in a sworn reply shall be equivalent to the filing of a sworn application with respect to that claim, and shall be served on the plaintiff, who shall proceed as if he were the defendant with respect thereto; and in any such case, the closing of the preliminary written procedures and the application of articles 151 and 152 shall take place with the filing of that sworn reply by the plaintiff or the expiration of the term for its filing.

399. Repealed by: XXIV.1995.184.