How to counterclaim when the owner is sued by the property?

Legal analysis: counterclaim refers to an independent counterclaim related to this lawsuit (called this lawsuit in procedural law) filed by the defendant in this lawsuit with the plaintiff as the defendant in this lawsuit. This right is also an important embodiment of the principle of equal legal status of the parties, an important right enjoyed by the defendant in this lawsuit and an important system to protect the civil rights and interests of the defendant in this lawsuit. The defendant's counterclaim must meet the conditions of civil action. In judicial practice, it is best to put forward the general tendency in the course of defense, at the latest after the trial debate in the court of first instance. Because when the counterclaim is filed, the trial debate has not yet ended, and the plaintiff still has a chance to refute it, he can apply for an adjournment. Otherwise, if a counterclaim is filed after the trial debate, it will inevitably lead to new litigation procedures, and it will also cause some duplication of work and delay the trial of this lawsuit.

Legal basis: Article 232 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC). After the case is accepted, but before the end of the court debate, if the plaintiff adds a claim, the defendant files a counterclaim, and a third party files a claim related to this case, which can be tried jointly, the people's court shall try it jointly.

Article 51 of the Civil Procedure Law of People's Republic of China (PRC) * * * The plaintiff may give up or change the claim. The defendant may admit or refute the claim and has the right to file a counterclaim.