J. Sathiyamoorthy (Legal Officer) 04 March 2014

Counter claim

Dear Sir,

A suit was filed by the Plaintiff for Permenant Injunction. The Suit is at the stage of Defendant's Evidence.

Now, the Defendant Can File Counter Claim Under order 8 Rule 6A (for save his property) or not ?

If he can file, please give the citation or rulling ?

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3 Replies

shanmugam lakshmanan (senior) 04 March 2014

In a suit for permanent Injunction, title may be raised as an incidental issue but the trial court cannot determine title of a party in suit for bare injunction. In such cases, counter claim can be made provided you seek relief of declaration of title on paying appropriate court fee thereon. In your case, though counter claim can be made even after filing of written statement, the stage of the suit is part-heard and the plaintiff has completed evidence on his side. If your counter- claim is entertained at this stage, plaintiff will be grately prejudiced. Therefore, the court may not entertain your counter-claim considering the stage of the case. I am of the view that you may file fresh suit for title as decree of injunction will not defeat the title.