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Case reference : IN THE SUPREME COURT OF INDIA, CIVIL APPELLATE JURISDICTION, CIVIL APPEAL Nos.2308-2309 OF 2016,(Arising out of SLP(C)Nos.8536-8537 of 2008)
It is in these circumstances, that we advert to Order VIII Rule 6A of the Code of Civil Procedure, which is being
“6A. Counter-claim by defendant - (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
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.”
A perusal of Sub-clause (1) of Section 6A of Order VIII, leaves no room for any doubt, that the cause of action in respect of which a counter claim can be filed, should accrue before the defendant has delivered his defence, namely, before the defendant has filed a written statement. The instant determination of ours is supported
by the conclusions drawn in Bollepanda P. Poonacha & Anr vs. K.M.Madapa (supra), wherein this Court observed as under:
“11. The provision of Order 8 Rule 6-A must be considered having regard to the aforementioned
provisions. A right to file counterclaim is an additional right. It may be filed in respect of any
right or claim, the cause of action therefor, however, must accrue either before or after the filing of the
suit but before the defendant has raised his defence.
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