counterclaim

Order VIII Rule 6A CPC allows a defendant to set up, by way of counterclaim, any right or claim against the plaintiff, whether arising before or after the suit was filed but before the defendant has delivered his defence or the time for it has expired. It may be for damages or any other relief, but must be within the court's pecuniary jurisdiction.

The counterclaim has the effect of a plaint, the plaintiff may file a written statement in answer to it, and the court passes a single judgment on both claims. It survives even if the plaintiff's suit is stayed, discontinued or dismissed (Rule 6D). Distinguish set-off (Rule 6), which is limited to an ascertained sum of money legally recoverable from the plaintiff.

Example

Sued for unpaid rent, the tenant raised a counterclaim for the cost of repairs the landlord had refused to carry out.

In Indian law

• Order VIII Rules 6A to 6G, Code of Civil Procedure, 1908

See also

written statement · plaint · pleadings

Read more in the study notes

• Principal steps in arbitration and interim measures (Alternative Dispute Resolution Systems)
• Arbitral award and setting aside under section 34 (Alternative Dispute Resolution Systems)
• Enforcement of arbitral awards and foreign awards (Alternative Dispute Resolution Systems)
• Default and recovery: Debts Recovery Tribunals and the SARFAESI Act (Banking Law)
• Introduction to the CPC: procedural law, history and key definitions (Civil Procedure Code and Limitation Act)
• Interest and costs (sections 34, 35, 35A and 35B) (Civil Procedure Code and Limitation Act)