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Civil Procedure Code (CPC) - Test 3
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If in any case in which the defendant sets up counterclaim, the suit of the plaintiff is stayed, discontinued or dismissed, the counterclaim
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A
nevertheless be proceeded with
💡 Explanation:
Option (1) is incorrect: Shall not be stayed
Option (2) is correct: Under Order VIII, Rule 6D of the CPC, if in any case in which the defendant sets up a counterclaim, the suit of the plaintiff is stayed, discontinued or dismissed, the counterclaim may nevertheless be proceeded with.
Option (3) is incorrect: Can never be continued even with the leave of the High Court
Option (3) is incorrect: Can never be continued even with the leave of the High Court