AIR 1994 BOMBAY 196 ::1994 Bom CJ 374 ::(1994) Mah LJ 732

Bombay High Court

Hon'ble Judge(s): A. D. Mane , J

(A) Civil P.C. (5 of 1908) , O.8 R.6A— @page-Bom197Counter claim - Not limited to money suit - Suit for ownership and possession - Decree granting possession of suit premises in favour of defendant passed on basis of counter claim - Is legally tenable.AIR 1983 Pat 132, Diss. from.AIR 1985 Bom 426; 1988 Mah LR 1488, Not Foll. A defendant in a suit may set up by way of counter-claim against the claim of the plaintiff any right or claim in respect to a cause of action accruing to the defendant against the plaintiff. Such counter claim shall have the same effect as a cross suit so as to enable the court to pronounce the final judgment in the suit, both on the original claim and the counter-claim. In other words, counter claim shall be treated as plaint and governed by rules applicable to the plaint. The very object of R. 6A is to treat a counter-claim an independent suit to be heard together with the plaintiff's suit to enable the court to pronounce judgment. That means a counterclaim is in its nature a cross-suit. Therefore, it cannot be said that the counter-claim can be allowed only in money suit and not in any other suit. Neither R. 6F of O. 8 or R. 19(1) of O. 20 are capable of abridging the scope and ambit of R. 6 of O. 8. These provisions deal with only in cases of judgment and decrees of money claim where set off or counter claim in terms of money are al....