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

CPC

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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 seek...

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