- The rules governing a defendant’s written statement shall equally apply to a plaintiff’s reply to a counter-claim.
Judicial Interpretation
The Supreme Court and High Courts have consistently elaborated on the scope of counter-claims under CPC:
- Nature of Counter-Claim – It is not an amendment of the written statement but an independent proceeding in the nature of a cross-suit. (AIR 1964 SC 11)
- Scope and Maintainability – A counter-claim may arise out of the same cause of action or a distinct one, and can even pertain to a different property, as long as it asserts a legally enforceable right against the plaintiff. (AIR 1996 SC 2222)
- Stage of Filing – A counter-claim need not be filed simultaneously with the written statement. It may be filed later, but not after the framing of issues or closing of evidence. ((2006) 12 SCC 734))
Practical Significance
- Comprehensive Adjudication: The counter-claim allows all disputes between the plaintiff and defendant to be decided in one suit, saving time and costs.
- Independence: Once filed, the counter-claim stands on its own and survives even if the plaintiff withdraws the original suit.
- Court Fees: Since a counter-claim is treated as a plaint, it must be duly valued and appropriate court fee affixed, subject to the provisions of the Court Fees Act.
- Avoids Multiplicity: Counter-claims reduce the possibility of parallel litigations by consolidating rights and disputes in the same proceeding.
Conclusion
The framework of counter-claims under CPC demonstrates the balance between plaintiff and defendant rights. By allowing the defendant to pursue an independent claim within the same suit, the law ensures a holistic adjudication of disputes. However, procedural compliance—especially with respect to timing, valuation, and court fees—is crucial. Courts have made it clear that counter-claims cannot be treated casually; they must be filed within proper stages of the proceedings and carry the same weight as an independent plaint.
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