Counterclaim value

Counter claim is a separate suit filed in terms of Order VIII Rules 6 A CPC accordingly it depends upon valuation of the CC filed by defendant in his/her defence.

You may refer to the case citation (2020) 2 SCC 394 tited  as Ashok Kumar Kalra  v. Wing Cdr. Surendra Agnihotri & Ors decided by Supreme Court.

 What is the result of your research, can you revert. 

The value of a counterclaim can exceed the value of the original suit, provided that it does not exceed the pecuniary jurisdiction of the court where the suit is being heard. 

A counterclaim is treated as a "cross-suit." It is an independent and separate claim from the plaintiff's, and the value of the counterclaim is not required to be of the same amount or nature as the original suit.

If a defendant files a counterclaim that exceeds the court's pecuniary jurisdiction, the court will not entertain it. The counterclaim may be returned so that the defendant can file it in a court with the proper jurisdiction.

Thanks for the respomse Sir,

The value of CC is slightly higher , the main suit was filed in the trial court , as the valuation of CC suit was slightly  higher, the defendant filed it in the District court and it was accpeted as well.In order to tranfer both the suits in the distirct court we need a case law which relates to above scenario.

The above judgement relates to allowing the filing of a belated counterclaim.

Regards,
AB

How could a counterclaim be filed in another Court?

The CC was filed in the same court initially but since the value of the CC was higher it was re-filed to Distric Court.

Proceeding of the counter claim shall be in terms of pecuniary jurisdiction which of the adjudicating Court. However, original suit may be transferred to higher court (of jurisdiction) if tagged togather.

Generally, if pecuniary jurisdiction of the CC exceeds Trail Court's limit (where original suit is being proceeded) CC shall be filed but returned for refiling before the court of  jurisdiction.

Sir,

It is filed in the District Court, the TP was also filed to transfer  both the cases in the District court, i am looking for a some judgement that relates to above scenario.

Yes, you can file a transfer petitoion before the court where the counter claim is filed and seek for joint rtrial of both the cases. 

The value of a counterclaim can exceed the value of the original suit, in that case the pecuniary jurisdiction may also be affected, hence you have approached the district court, however youj can get both the cases transferred to a single court and seek for joint trial.

Thanks for the response Sir !

Please share case law if you have any ?

When a court receives a counterclaim that exceeds its financial limits, it cannot simply reject it. The established legal procedure is to return the counterclaim to the defendant so it can be presented to the correct court.An important distinction is that if a counterclaim is returned due to a lack of pecuniary jurisdiction, the original suit filed by the plaintiff is not affected. The main suit can proceed independently in the original court, provided its value is within that court's limits. 

Relevant judgments

• Bollepanda P. Poonacha v. K. M. Madapa (2008): The Supreme Court held that a counterclaim exceeding the pecuniary jurisdiction of the court must be returned to the defendant to be filed in the appropriate court.
• CRP(PD).Nos.1650 & 1652 of 2019, Madras High Court (2020): The court ruled that where a counterclaim exceeds the pecuniary jurisdiction, it must be returned to be filed in the proper court. It clarified that while the counterclaim and written statement may be returned, the main suit is not transferred.
• Satyender v. Saroj, Supreme Court (2022): The Supreme Court reiterated that a counterclaim cannot exceed the pecuniary limits of the court and can only be set up against the plaintiff's claim. 

Very well explained and advised by learned senior expert r. T Kalaiselvan, I endorse it.

Nothing left to add.