counter claim

Question of filing counter claim arises only when the suit is filed.  But u/o 8 r 6A & 6 E a counter claim could be filed even after filing ws, but that does not mean that counter claim can be raised after issues are framed the evidence is closed.Entertaining counter claim after the framing of issues for trial would be illegal and without jurisdiction.

AIR 2006 SCW 5385 : JT 2006 ( 9) SC 145.

There is no specific limitation to file counter claim but it should be filed before framing the issues and before trial begins.

thanx for replying but i'm asking for kya timebarred money  ke liye bhi counter claim kiya ja sakta hai

legislative provision i.e. language of sub rule 4 is clear . limitation applicable to plaint shall apply to counter claim.

legislative provision i.e. language of sub rule 4 is clear . limitation applicable to plaint shall apply to counter claim.

Counter claim being a plaint has to obey the law of limitation. The another thing that counter claim can be filed only before you have delivered your defence in the suit.

So, any claim which ahs become time barred cannot be asked in the counter claim.

A counter claim should generally be set up in the written statement itself. It may also be filed after filing of W.S. but in both the cases the cause of action for the counter claim must have arisen within 3 years back from the date of filing of W.S. or from the time extended by court for filing W.S. No counter claim can be filed with respect to a time barred claim.

A Counter Claim should be in the nature that -if it is a separate suit- it should be complied with all the legal aspects . the Counter Claim is nothing but a suit by Defendant agaisnt the Palintif . so it should be with in the limitaiton period of its own Cause of action- not on the cause of action of the Plaintiff in his suit.

thanks for solution and help to  to increase our  knowledge