Can A Defendant Set Up A Counter-Claim In A Civil Suit In India?
The plaintiff may object to the disposal of the claim by way of counter-claim and plead for its disposal by an independent suit; and he may, at any time before issues are settled in relation to the counter-claim, apply to the court for an order that such counter-claim may be excluded and the court may, on the hearing of such application, make such order as it thinks fit. (O. 8, R. 6-C).
If the plaintiff makes default in putting in a reply to the counter-claim made by the defendant, the court may pronounce judgment against him, or make such order in relation to the counter-claim as it thinks fit. (O. 8, R. 6-E).
Where in any suit a set-off or counter-claim is established as a defence against the plaintiffs claim, and any balance is found due to the defendant, as the case may be, the court may give judgment to the party entitled to such balance. The rules relating to a written statement by a defendant shall apply to a written statement filed in answer to a counter-claim. (O. 8, Rr. 6-F and 6-G).