Report No. 27
"6A. Counter-claim by defendant.-(1) A defendant in a suit, in addition to his right of pleading a set-off under rule 6, may set up, by way of counter-claim against the claim of the plaintiff, any right or claim in respect of a cause of action accruing to the defendant either before or after the filing of the suit but before the defendant has delivered his defence and before the time limited for delivering his defence has expired, whether such counter-claim sounds in damages or not.
(2) Such counter-claim shall have the same effect as a cross-suit, so as to enable the Court to pronounce a final judgment in the same suit, both on the original claim and on the counterclaim.
[Cf. Order VIII, rule 6(2).]
(3) The plaintiff (if so advised) shall be at liberty to file a written statement in answer to the counter-claim of the defendant within such period as may be fixed by the Court.
[Cf. Order VIII, rule 6(1).]
(4) The claim made in the counter-claim shall not exceed the pecuniary limits of the jurisdiction of the Court.
(5) The counter-claim shall be treated as a plaint and governed by the rules applicable to plaints.
[Cf. Order VIII, rule 6(1).]
6B. Counter-claim to be stated.-Where any defendant seeks to reply upon any ground as supporting a right of counter-claim, he shall, in his written statement, state specifically that he does so by way of counter-claim.
6C. Exclusion of counter-claim.-Where a defendant sets up a counter-claim, if the plaintiff contends that the claim thereby raised ought not to be disposed of by way of counterclaim but in an independent suit, he may, at any time before trial, 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 shall be just.
6D. Discontinuance of suit.- If in any case in which the defendant sets up a counterclaim, judgment is given for the plaintiff or the suit of the plaintiff is stayed, discontinued or dismissed, the counter-claim may nevertheless be proceeded with.
[Cf. R.S.C. (Revision) 1962, Order XV, rule 2(3).]
6E. Default by defendant to counter-claim.-If the defendant to the counter-claim -makes default in putting in a reply to the counter-claim, the Court may pronounce judgment against him or make such order in relation to the counter-claim as it thinks fit.
[Cf. Order VIII, rule 10.]
6F. Where in any suit a set-off or counter-claim is established as a defence against the plaintiff's claim, the Court may, if the balance is in favour of the defendant, give judgment for the defendant for such balance, or may otherwise adjudge to the defendant such relief as he may be entitled to upon the merits of the case.
[Cf. Order XX, rule 19 also.]
6G. Rules relating to written statement to apply.-The rules relating to a written statement by a defendant apply to a written statement in answer to a counter-claim.".
[Cf. Order VIII, rule 6(3).]
Order VIII, rule 7
In rule 7 of Order VIII of the First Schedule to the principal Act, after the word "set-off", the words "or counter-claim" shall be inserted.
Order VIII, rule 8
In rule 8 of Order VIII of the First Schedule to the principal Act, after the word "set-off", the words "or counter-claim" shall be inserted.
Order VIII, rule 9
In rule 9 of Order VIII of the First Schedule to the principal Act, after the word "set-off", the words "or counter-claim" shall be inserted.
Order VIII, rule 10
In rule 10 of Order VIII of the First Schedule to the principal Act, for the words "if so required fails to present the same within the time fixed by the Court", the words and figures "if required under rule 1 or rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be", shall be substituted.
Order IX, rule 2
For rule 2 of Order IX of the First Schedule to the principal Act, the following rule shall be substituted namely:-
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