THE FIRST SCHEDULE · ORDER VIII Written statement, set-off and counter-claim

Order VIII Rule 6A: Counter-claim by defendant

The Code of Civil Procedure, 1908

¹[(1) A defendant in a suit may, in addition to his right of pleading a set-off under rule 6, set up, by way of counter-claim against the claim of the plaintiff, any right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before or after the filing of the suit but before the defendant has delivered his defence or before the time limited for delivering his defence has expired, whether such counter-claim is in the nature of a claim for damages or not:

Provided that such counter-claim shall not exceed the pecuniary limits of the jurisdiction of the court.

(2) Such counter-claim shall have the same effect as a cross-suit so as to enable the Court to pronounce a final judgment in the same suit, both on the original claim and on the counter-claim.

(3) The plaintiff shall be at liberty to file a written statement in answer to the counter-claim of the defendant within such period as may be fixed by the court.

(4) The counter-claim shall be treated as a plaint and governed by the rules applicable to plaints.

Footnotes in the official text

1.Ins. by Act 104 of 1976, s. 58 (w.e.f. 1-2-1977).

Questions on this rule

2 questions in 7 of our papers cite Order VIII Rule 6A. Try these from the free papers:

1. Consider the following statements about counter-claims under Order VIII CPC: 1. A counter-claim may rest on a cause of action that accrued to the defendant after the suit was filed, but before he delivered his defence or the time for it expired. 2. If the plaintiff's suit is dismissed or discontinued, the counter-claim also comes to an end. 3. The plaintiff may apply to exclude a counter-claim at any time before issues are settled in relation to it. 4. A counter-claim may exceed the pecuniary limits of the jurisdiction of the court. Which of the statements given above are correct?

Practise questions on Civil Procedure Code