Site navigation

In a suit for recovery of Rs.25 lakh, the Defendant files its written statement and pleads that it does…

The defendant may pursue the pre-existing claim through a later counterclaim or an independent suit, subject to procedural permission and limitation. Order VIII rule 6A…

Choose your answer

In a suit for recovery of Rs.25 lakh, the Defendant files its written statement and pleads that it does not owe any money to the Plaintiff but in fact, it is entitled to recover the sum of Rs.40 lakh from the Plaintiff. The Defendant, however, does not file a counter claim. Under the Code of Civil Procedure, 1908, can the Defendant file the counter claim at a subsequent stage in the suit or file a fresh suit seeking recovery of Rs.40 lakhs?

Select one answer
Answer and explanation

Correct answer C

The defendant may pursue the pre-existing claim through a later counterclaim or an independent suit, subject to procedural permission and limitation. Order VIII rule 6A limits when the cause of action must have accrued; it does not invariably require the counterclaim to accompany the written statement. Merely omitting a counterclaim does not abandon the separate recovery claim.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic