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What is or are the modes of pleading or setting up a counter-claim in a civil suit?
A defendant in a suit may set-up by way of counter-claim against the claim of the plaintiff, any right/claim in respect of a cause of action accruing to the defendant against the plaintiff under Order VIII Rule 6A(1) CPC either before or after the filing of suit but before the defendant has delivered his defence.
A counter-claim may be preferred by way of an amendment incorporated under Order VI Rule 17 CPC, subject to the leave of the Court in a written statement already filed.
A counter-claim may be filed by way of a subsequent pleading under Order VIII Rule 9 CPC.
All of the above
A counter-claim may be set up or pleaded by either of the three modes i.e., by - a. Order VIII Rule 6A CPC – matter of Right. b. Order VI Rule 17 CPC – the discretion of the Court. c. Order VIII Rule 9 CPC – the discretion of the Court.
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