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Saturday, 14 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order VIII: Written Statement, Set-off And Counter Claim

Order VIII Rule 6A CPC: Counter-claim by defendant

Bare Act text

[6A. Counter-claim by defendant.—(1) A defendant in a 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 defence or before the time limited for delivering his defence has expired, whether such counter-claim is in the nature of a claim for damages or not:

Provided that such counter-claim shall not exceed the pecuniary limits of the jurisdiction of the court.

(2) Such counter-claim shall have the same effect as a cross-suit so as to enable the Court to pronounce a final judgment in the same suit, both on the original claim and on the counter-claim.

(3) The plaintiff shall be at liberty to file a written statement in answer to the counter-claim of the defendant within such period as may be fixed by the court.

(4) The counter-claim shall be treated as a plaint and governed by the rules applicable to plaints.

Amendment notes

  1. Ins. by Act 104 of 1976, s. 58 (w.e.f. 1-2-1977).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

In addition to set-off, a defendant may set up a counter-claim against the plaintiff for any cause of action that accrued to him before or after the suit was filed, but before he delivers his defence or the time for it expires. It may be for damages or otherwise, and must not exceed the Court's pecuniary limits. It has the effect of a cross-suit, so the Court can give final judgment on both claims. Inserted in 1976.

Order VIII: Written Statement, Set-off And Counter Claim

  1. 1 Written statement
  2. 1A Duty of defendant to produce documents upon which relief is claimed or relied upon by him
  3. 2 New facts must be specially pleaded
  4. 3 Denial to be specific
  5. 4 Evasive denial
  6. 5 Specific denial
  7. 6 Particulars of set-off to be given in written statement
  8. 6A Counter-claim by defendant
  9. 6B Counter-claim to be stated
  10. 6C Exclusion of counter-claim
  11. 6D Effect of discontinuance of suit
  12. 6E Default of plaintiff to reply to counter-claim
  13. 6F Relief to defendant where counter-claim succeeds
  14. 6G Rules relating to written statement to apply
  15. 7 Defence or set-off founded upon separate grounds
  16. 8 New ground of defence
  17. 8A Duty of defendant to produce documents upon which relief is claimed by him (Omitted)
  18. 9 Subsequent pleadings
  19. 10 Procedure when party fails to present written statement called for by Court
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