Civil

Counter-Claim or Set-off by Defendant under Order VIII Rules 6 and 6A CPC

This pleading is a combined or standalone filing by a defendant to assert a monetary set-off or an independent counter-claim against the plaintiff in an ongoing civil suit. A set-off allows the defendant to claim an ascertained sum of money legally recoverable from the plaintiff, reducing or extinguishing the plaintiff's claim. A counter-claim, treated as a cross-suit, enables the defendant to seek any relief against the plaintiff, even on a different cause of action.

The document is filed before the Civil Judge or District Judge under the Code of Civil Procedure, 1908. A set-off is governed by Order VIII Rule 6 and does not ordinarily require a separate court fee. A counter-claim is governed by Order VIII Rules 6A to 6G, requires a separate court fee, and must be verified like a plaint.

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Governing law
CPC 1908, Order VIII rr. 6, 6A–6G r/w Order VI rr. 15 & 15A
Sections
s. Order VIII r.6s. Order VIII r.6As. Order VIII r.6Gs. Order VI r.15
Filed before
Civil Judge / District Judge

When this is the right filing

  • When the defendant has a legally recoverable, ascertained sum of money due from the plaintiff and seeks to adjust it against the suit claim.
  • When the defendant has an independent right or claim against the plaintiff, whether or not it arises from the same transaction as the suit.
  • When the defendant needs to file a cross-suit for any relief against the plaintiff before delivering their defence, or later with the court's leave.
  • Do not use this pleading if the defendant only wishes to deny the plaintiff's allegations without asserting an independent claim; a standard written statement is the correct filing in that situation.

What the court looks for

  • A clear statement of the facts giving rise to the defendant's independent cause of action against the plaintiff.
  • For a set-off, a precise and legally recoverable ascertained sum of money.
  • For a counter-claim, proper valuation and payment of the requisite court fee as per the applicable State schedule.
  • A prayer clause specifying the exact relief sought against the plaintiff.
  • A verification and supporting affidavit that comply with Order VI Rule 15 of the CPC.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Valuation and court fee
  2. 2Prayer
  3. 3Verification
  4. 4Affidavit in support
  5. 5Index / annexures
How it opens
1. That the Defendant respectfully submits the following facts giving rise to the Defendant's independent cause of action against the Plaintiff — [facts].

Bracketed items are filled from your case.

Frequently asked questions

What is the key difference between a set-off and a counter-claim under the CPC?

A set-off under Order VIII Rule 6 is a defence limited to claiming an ascertained sum of money legally recoverable from the plaintiff, and it is valued along with the main suit without a separate court fee. A counter-claim under Order VIII Rule 6A is a substantive cross-suit for any right or claim against the plaintiff, requires a separate court fee, and is treated as an independent plaint.

When is the latest a defendant can file a counter-claim?

A counter-claim must ordinarily be filed before the defendant has delivered their defence. However, under Order VIII Rule 6B, the court may permit a counter-claim to be filed even after the defence is delivered, if the defendant obtains leave from the court.

Is a separate court fee required for a set-off?

No, a set-off under Order VIII Rule 6 is valued along with the main suit and does not ordinarily require a separate court fee. A counter-claim, being treated as a cross-suit, must be valued and a separate court fee paid according to the applicable State court fee schedule.

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