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ARTICLE · 19 MARCH 2013

"Counter Claim Rules, 6A- 6G": An Overview

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Courts in India treat counterclaims as a plaint in a cross-suit.

IndiaCorporate/Commercial Law

Courts in India treat counterclaims as a plaint in a cross-suit. Counterclaims are a claim bought against the Plaintiff by the Defendant in a lawsuit. It is typically filed as part of a Defendant's answer to the original claim. Counterclaim can contain a variety of material ranging from accusation of fraudulent activity to claims which would preempt any attempt at suit. The goal of counterclaim is to turn the table on the plaintiff by bringing up more issues in the case and demanding redress.

This article delves with the difference between an adjustment and a set-off and/ or counterclaim and focusing on the common features set off and counter claim. It also deals with the object of the amendments established by Rules 6-A to 6-G are conferment of a statutory right on the defendant to set up a counterclaim autonomous of the claim on the basis of which the Plaintiff laid the suit, on his own cause of action. Further the article deals with the effects and reliefs to

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