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Nirmal Joseph (Medical Practice)     29 July 2010

Time limited for delivering defence

The Order VIII 6A(1) CPC reads, ‘A defendant in a suit may, in addition to his right of pleading a set-off under rule 6, set up, by 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 damages or not’

Here what is the meaning of ‘time limited for delivering his defence’ ?

Whether before the Chief examination of the defence side or before filing written statement?





 2 Replies

S. Bharath (Advocate and Arbitrator Formerly Civil Judge)     29 July 2010

It is before the filing of written statement.

Nirmal Joseph (Medical Practice)     30 July 2010

Thanks Bharath sir!

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