What is Counter Claim


1 Point No.1 : Courts in India treat counterclaims as a plaint in a cross suit. Counterclaims are a claim bought against the Plaintiff by the Defendant in a lawsuit. It is typically filed as part of a Defendant’s answer to the original claim. Counterclaim can contain a variety of material ranging from accusation of fraudulent activity to claims which would preempt any attempt at suit. The goal of counterclaim is to turn the table on the plaintiff by bringing up more issues in the case and demanding redress.
This article delves with the difference between an adjustment and a setoff and/ or counterclaim and focusing on the common features set off and counter claim. It also deals with the object of the amendments established by Rules 6A to 6G are conferment of a statutory right on the defendant to set up a counterclaim autonomous of the claim on the basis of which the Plaintiff laid the suit, on his own cause of action. Further the article deals with the effects and reliefs to Defendants through counterclaims.
Point No.2: Order 8 Rule 6A. Counter Claim by Defendant (1) A Defendant in a suit may, in addition to his right of pleading a setoff under rule 6, set up, by way of counterclaim against the claim of the plaintiff, any right or claim in respect of a cause 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 damage or not:
Provided that such counterclaim shall not exceed the pecuniary limits of the jurisdiction of the court.
(2) Such counterclaim shall have the same effect as a crosssuit so as to enable the Court to pronounce a final judgment in the same suit, both on the original claim and on the counterclaim.
(3) The plaintiff shall be at liberty to file a written statement in answer to the counterclaim of the defendant within such period as may be fixed by the Court.
(4) The counterclaim shall be treated as a plaint and governed by the rules applicable to plaints.
The effect of this rule is from the point of view of pleading to assimilate a counterclaim with a plaint in a suit and is therefore governed by the same rules of pleading as a plaint. A counterclaim is substantially a crossaction, not merely a defence to the plaintiff’s claim. It must be of such a nature that the court would have jurisdiction to entertain it as a separate action.



IN THE SUPREME COURT OF INDIA
Decided On: 19.11.2019

Ashok Kumar Kalra Vs. Surendra Agnihotri and Ors.
1. The counter Claim shall have the same effect as of a fresh suit.
2. The court should refuse to file the counter claim at belated stage .
3. The Counter Claim should be field before framing of the issues.



Namish Nigotia
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