Counter claim and evidence

In a case where the defendant has filed the counterclaim, the plaintiff stands as the defendant  to the said counterclaim. The plaintiff needs to contest the counterclaim by filing statement and adducing evidence to refute the claim.

Counter claim will be treated as separate suit and you need to prove the facts mentioned in counter claim whereas plaintiff has to prove his case by evidence and you need to disprove the facts mentioned in original suit by cogent evidence.

Originally posted by : Pendyala Vasudeva Rao

Defendant filed Counter claim in a suit as a reply to the rejoinder filed by the plaintiff. If the counter claim filed by the defendent allowed/proved, is it necessary to the defendent adduse  evedence  in the said suit filed by the plaintiff? Kindly advise me. Any citations in this matter. 

Dear Mr. Rao,

Counter claim can be filed U/O VIII Rule 6C, CPC which reads as:

"Where a defendant sets up a counter-claim and the plaintiff contends that the claim thereby raised ought not to be disposed of by way of counter-claim but in an independent suit, the plaintiff may, at any time before issues are settled in relation to the counter-claim, apply to the Court for an order that such counter-claim may be excluded, and the Court may, on the hearing of such application make such order as it thinks fit."

The counter claim can be set up with written statement of defendant only. But not as reply to replication (not rejoineder as mentioned by you).

It (counter claim) shall have to be admitted and proceeded as a separate suit, wherein the defendant (plaintiff in original suit) shall be entitled to contest by filing written statement, replication of counter-claimant plaintiff (if any) admission and denial of documents, framing of issues, evidence of plaintiff and defendant followed by final arguments and order/judgment /decree.

Judgements/ citations depend upon case to case wherein no straight jacket formula can apply and you will have to research as required.

Warm regards

Dr. (Maj) J C Vashista, Advocate

Supreme Court