Site navigation

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?

Select one answer
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.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic