Rule 6A of CPC : Rule 6A: Counter-claim by defendant.

Explanation using Example

Example 1:

Scenario: Property Dispute

Plaintiff: Mr. Sharma Defendant: Mr. Verma

Situation: Mr. Sharma files a suit against Mr. Verma claiming that Mr. Verma has encroached upon his land and seeks possession of the disputed property.

Counter-Claim: Mr. Verma, in his written statement, asserts that Mr. Sharma has actually encroached upon his land and seeks damages for the unauthorized use of his property.

Application of Rule 6A:

• Mr. Verma, the defendant, can file a counter-claim against Mr. Sharma, the plaintiff, for the damages caused by the alleged encroachment.
• This counter-claim is treated as a separate suit within the same proceedings, allowing the court to resolve both the original claim and the counter-claim in a single judgment.
• Mr. Sharma can file a written statement in response to Mr. Verma's counter-claim within the period fixed by the court.

Example 2:

Scenario: Breach of Contract

Plaintiff: ABC Pvt. Ltd. Defendant: XYZ Pvt. Ltd.

Situation: ABC Pvt. Ltd. files a suit against XYZ Pvt. Ltd. for failing to deliver goods as per the contract and seeks compensation for the losses incurred.

Counter-Claim: XYZ Pvt. Ltd., in its defense, claims that ABC Pvt. Ltd. did not make the payment as per the agreed schedule, which led to the delay in delivery. XYZ Pvt. Ltd. seeks compensation for the financial losses due to the delayed payment.

Application of Rule 6A:

• XYZ Pvt. Ltd., the defendant, can file a counter-claim against ABC Pvt. Ltd., the plaintiff, for the financial losses caused by the delayed payment.
• This counter-claim will be treated as a cross-suit, allowing the court to adjudicate both the original claim and the counter-claim together.
• ABC Pvt. Ltd. can file a written statement in response to XYZ Pvt. Ltd.'s counter-claim within the period fixed by the court.

Example 3:

Scenario: Personal Injury

Plaintiff: Ms. Gupta Defendant: Mr. Khan

Situation: Ms. Gupta files a suit against Mr. Khan for causing a car accident that resulted in her sustaining injuries and seeks compensation for medical expenses and pain and suffering.

Counter-Claim: Mr. Khan, in his defense, claims that Ms. Gupta was actually at fault for the accident due to reckless driving and seeks compensation for the damage to his vehicle.

Application of Rule 6A:

• Mr. Khan, the defendant, can file a counter-claim against Ms. Gupta, the plaintiff, for the damages to his vehicle caused by her alleged reckless driving.
• This counter-claim will be treated as a separate suit within the same proceedings, allowing the court to resolve both the original claim and the counter-claim in a single judgment.
• Ms. Gupta can file a written statement in response to Mr. Khan's counter-claim within the period fixed by the court.