Multiple Choice Questions on If in any case in which the defendant sets up counter claim the suit of the plaintiff is stayed disc........... for Judicial Services Exam (JS) Preparation

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Multiple Choice Questions

If in any case in which the defendant sets up counter claim the suit of the plaintiff is stayed disc...........

Civil Procedure Code (CPC) 1908 Plaint and Written Statement
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    If in any case in which the defendant sets up counter-claim, the suit of the plaintiff is stayed, discontinued or dismissed the counter claim –

    Shall be stayed

    Incorrect Answer

    Nevertheless be proceeded with 

    Correct Answer

    May be continued with the leave of High Court

    Incorrect Answer

    No specific provision

    Incorrect Answer
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    Explanation:

    Order 8 Rule 6D – 
    6D. Effect of discontinuance of suit.— If in any case in which the defendant sets up a counterclaim, the suit of the plaintiff is stayed, discontinued or dismissed, the counter-claim may nevertheless be proceeded with.

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