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Counter-claim should not exceed pecuniary limits of jurisdic

 

Counter-claim should not exceed pecuniary limits of jurisdiction of Court.

 
 It is true that preceding PC Amendment Act, 1976, Rule 6 of Order 8 limited the remedy to set off or counter-claim laid in a written statement only in a money suit. By CPC Amendment Act, 1976, Rules 6A to 6G were brought on statute. Rule 6a(1) provides that a defendant in a suit may, in addition to his right of pleading a set off under Rule 6, set up way of counter-claim against the claim of the plaintiff, any right or claim in respect of a cause of 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. A limitation put in entertaining the counter-claim is as provided in the proviso to sub-rule (1), namely, the counter-claim shall not exceed the pecuniary limits of the jurisdiction of the Court. 

Supreme Court of India
Sh. Jag Mohan Chawla & Anr vs Dera Radha Swami Satsang & Ors on 7 May, 1996

https://www.lawweb.in/2013/10/counter-claim-should-not-exceed.html



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 1 Replies

Kundan Kr. Singh (Advocate)     14 October 2013

Thanks for nice information.


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