Counter Claim

A counter claim, even if filed after the written statement is filed, can be entertained as  a regular plaint or a cross suit, subject to satisfaction of all the rules that are applicable to the institution of a regular suit.
  • Sugesan and Co. Pvt. Ltd. vs. Hindustan Machine Tools Ltd., AIR 2004 AP 428 (para 38)
A right to file counter claim is an additional right and it may be filed in respect of any right or claim the cause of action so however must accrue either before or after the filing of suit but before the defendant has raised his defence. [Order VIII Rule 6A]
  • Bollepanda P. Poonacha and Anr. vs. K.M. MadapaAIR 2008 SC 2003
Counter-claim or set-off must be pleaded by way of defence in the written statement before the defendant filed his written statement or before the time limit for delivering the written statement has expired, whether such counter claim is in the nature of a claim for damages or not.
A belated counter claim must be discouraged.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s