Counter claim in written statement

Counter-claim is required to be filed with written statement of defendant in the capacity of counter-claimant/plaintiff where the defendant wants to institute a suit claiming against the original plaintiff.

Consult your lawyer

There is no extra comment needed after the advise of Dr Vashishtha as above , it is a different suit by becoming the defendant respondent as Plaintiff Petitioner..

Thanks Sir, a lot.

It means he has to prepare a separate doc like a plaint and can not be included in the doc of WS as a separate paragraph claiming some right on plaintiff. ? A different motion is required to present the doc of counter claim, as I understand? Plz correct me. Could you plz let me know procedure for instituting a counter claim when I am going to file my WS. plz

Counter Claim,which is filed with the WS, separately mentioning that it is a counter claim, hs the effect of a cross suit and the court can pronounce a final judgement both on the original claim and counter claim as well. it will be treated as Plaint and the plaintiff has a right to submit his WS in answer to counter claim of the defendant. in case the Plaintiff does not file a WS against the counter claim, court can pronounce judgement against the Plaintiff in relation to counter claim. Counter Claim will be governed by the laws related to the original Plaint only under CPC. Means Counter Claim is substantially a cross-action.

There is no need of filing a separate suit but only an addition in the WS is required affixing a proper court fee on it.

Here, it is important to care that the Counter claim should not exceed the Pecuniary Jurisdiction of the court.

For more please consult your local Advocate.

Of course you are required to mention "in the doc of WS as a separate paragraph claiming some right on plaintiff. .."

No different motion is required to present the counter claim but the counterclaim shall be registered as a separate suit, however, both the suit shall contain inter-linking paragraph in the body of the WS as well as CC.

Order 8, Rule 6A of Civil Procedure Code deals with the Rule of Counter claim.   This Rule permits the defendant to set up the claim as a counter to the claim of the plaintiff, which arose between the parties.  This rule is applicable in the interest of public policy so as to minimize litigation between the parties which could have been filed by the defendant separately.

A defendant in 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 defense or before the time limited for delivering his defense has expired whether such counter claim is in the nature of claim for damage or not. Such counter claim must be with in the limit of the court

Thanks sir very much. Clarifies the doubts. Appreciate the efforts!

You are welcome for your appreciations.

Can a Counter-claim be filed in Court before filing the Written Statement? Any authorities on this subject?