Definition
Defendant's independent claim.
Cross-claim filed by defendant against plaintiff.
Statutory Definition
Order VIII Rule 6A CPC.
Etymology & Origin
Literally a 'claim' running 'counter' (in the opposite direction) to the original claim. A weapon of offense used by a defendant.
Full Legal Analysis
A Counter Claim is an independent legal claim filed by a defendant against the plaintiff within the same lawsuit. Instead of merely defending themselves against the plaintiff's allegations, the defendant essentially says: 'Not only do I not owe you money, but you actually owe me money for a different reason.'
It is treated as a completely separate lawsuit (a cross-suit) but is tried together with the original suit to save the court's time and avoid conflicting judgments. Even if the plaintiff's original suit is dismissed, the defendant's counter-claim survives and will be adjudicated.
A crucial restriction is that the cause of action for the counter-claim must have arisen either before or after the filing of the suit, but before the defendant has delivered their defense (Written Statement).
The Supreme Court clarified that a counter-claim is no longer restricted to money suits (like a set-off). A defendant can file a counter-claim for any civil right, including property disputes or injunctions, provided it falls within the court's pecuniary jurisdiction.
Advocates use counter-claims strategically to put the plaintiff on the defensive, forcing them to file a written statement defending the new allegations, thereby balancing the pressure in the litigation.
This Term in Indian Statutes
Code of Civil Procedure, 1908, 1908
"Counter-claim by defendant."
The statutory provision allowing a defendant to launch an offensive claim in the same suit.
