Order viii rule 6c

Mr. Gaurav,

Pecuniary  jurisdiction means financial limitation of the adjudicating Court

If the Court is competant it can grant injunction, otherwise it will return U/O VII Rule 10 CPC. 

If the questioned suit has been filed in the court having  no jurisdiction than thesaid court can not proceed but has to return the suit to plaintiff u/o 7 r 10 of cpc .

Here the defendant has made a plea against the maintainability of the suit, in his Written Statement and thereby asking to restore back his land. If the suit is not having pecuniary jurisdiction, the court definitely return back  the suit and asking the Plaintiff to re-present the same to a proper court. Thats all. With regard to " restore back to him the land" is a separate issue. You should not ask the relief in the said suit. 

OVIII Rule 6C deals with subject namely 'Exclusion of counter-claim'.  As per the provisions, where a defendant sets up a counter claim and the plaintiff contends that the claim thereby raised ought not be disposed of by way of counter-claim but in an independent suit and apply to the court for such an order, on the application the court may make such order as it thinks fit.   Your question is about pecuniary jurisdiction.  If there was an issue about the pecuniary jurisdiction, the suit would not have been taken on file at all hence the injunction suit filed before the said court is not barred due to the said discrepancy, wherein the counter claim will be suitably answered as per the provisions of law.

I respectfully disagree with Mr. T. Kalaiselvan, Advocate since the queriest has asked for "The suit was filed in a court which does not have pecuniary jurisdiction based on the value of the land" accordingly the court donot have pecuniary jurisdiction and cannot adjudicate/entertain the suit.

The filing of counter claim and/or exclusion of filing counter claim is all togather a different phenomenon.

I completely agree with Bala subramanyam.