A tenant sues for ₹75,000. The landlord seeks ₹8,00,000 in damages by counterclaim. The trial court has…
Under Order VIII, rule 6A, a counterclaim must fall within the court’s pecuniary jurisdiction. A counterclaim can exceed the plaintiff’s demand if it remains within the…
Choose your answer
A tenant sues for ₹75,000. The landlord seeks ₹8,00,000 in damages by counterclaim. The trial court has a pecuniary ceiling of ₹5,00,000. Why can the court decline to entertain the counterclaim under Order VIII, rule 6A of the Code of Civil Procedure?
Answer and explanation
Correct answer D
Under Order VIII, rule 6A, a counterclaim must fall within the court’s pecuniary jurisdiction.
A counterclaim can exceed the plaintiff’s demand if it remains within the court’s jurisdiction and the other conditions are met.
Option feedback
Option A
Order VIII, rule 6A expressly permits counterclaims in the nature of damages.
Option B
A separate transaction is not by itself a bar to a counterclaim under Order VIII, rule 6A.
Option C
The monetary ceiling is the court’s jurisdictional limit, rather than the amount originally claimed.
Option D
The counterclaim is ₹8,00,000, which exceeds the court’s stated ₹5,00,000 ceiling.
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