Multiple choice

Consider the following statement(s).

(i) A defendant may set up, by way of a counter-claim against the claim of the plaintiff any right or claim in respect of the cause of action accruing to him. (ii) The counter-claim may be submitted by the defendant even after he has delivered his defence. (iii) The counter-claim shall not exceed the pecuniary jurisdiction of the court.

Which of the statements given above are correct?

  1. (i) and (ii)

  2. (i) and (iii)

  3. (ii) and (iii)

  4. All of these
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Under Order 8 Rule 6 CPC, a defendant may set up a counter-claim (i) for any right accruing from the same cause of action, and (iii) it cannot exceed the court's pecuniary jurisdiction. However, (ii) is incorrect because a counter-claim must be filed WITH the written defense, not after - Order 8 Rule 6(3) requires it to be included in the written statement or defense.

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