Code of Civil Procedure, 1908 | Order VIII

Order VIII Rule 6B CPC - Counterclaim to Be Stated

Order VIII Rule 6B of the Code of Civil Procedure, 1908 requires a defendant who seeks relief through a counterclaim to say expressly in the written statement that the relevant ground is raised by way of counterclaim. The rule distinguishes an affirmative claim for relief from a mere defence to the plaintiff's suit.

Text of Order VIII Rule 6B

6B. Counter-claim to be stated.

Where any defendant seeks to rely upon any ground as supporting a right of counter-claim, he shall, in his written statement, state specifically that he does so by way of counter-claim.

Source: India Code - Code of Civil Procedure, 1908 (official PDF), First Schedule, Order VIII.

Meaning and purpose of Rule 6B

A counterclaim is a claim brought by the defendant against the plaintiff in an existing suit. It allows the court, subject to applicable procedural and jurisdictional requirements, to decide the original claim and the defendant's claim together. Rule 6B requires the defendant to identify that claim clearly, rather than leaving the court or plaintiff to infer it from ordinary denials or factual allegations.

The requirement helps the plaintiff understand that affirmative relief is sought against them and provides a basis for filing a reply to the counterclaim. Merely asserting that the plaintiff is liable or that the defendant suffered a loss does not, without more, clearly present a counterclaim.

How a counterclaim should be pleaded

Express designation: state clearly in the written statement that the defendant is making a counterclaim under Order VIII Rule 6A read with Rule 6B.
Material facts: set out the cause of action and facts supporting the claim with sufficient particulars, as required by the rules governing pleadings.
Relief: specify the decree or other relief sought against the plaintiff, including the amount claimed where applicable.
Jurisdiction and limitation: address the court's pecuniary jurisdiction and the applicable limitation requirements; a counterclaim is not automatically maintainable merely because it is included in a written statement.
Procedural compliance: comply with applicable court-fee, verification, document-production and other requirements, including any special rules applicable to commercial disputes.

Under Order VIII Rule 6A(4), a counterclaim is treated as a plaint and is governed by the rules applicable to plaints. Its filing and consideration therefore involve more than simply labelling an allegation a counterclaim.

Rule 6A - Counterclaim by defendant

Rule 6A permits a defendant to raise a counterclaim against the plaintiff in respect of a cause of action accruing within the period described in that rule. It also provides that a counterclaim has the effect of a cross-suit, enables a judgment on both claims, and allows the plaintiff to respond within the time fixed by the court.

Rule 6C - Exclusion of counterclaim

Under Rule 6C, the plaintiff may apply before issues are settled in relation to the counterclaim for its exclusion where the plaintiff contends that it should be tried in an independent suit. The court decides the application.

Rules 6D to 6G - Subsequent procedure

Rule 6D permits the counterclaim to proceed despite a stay, discontinuance or dismissal of the plaintiff's suit. Rule 6E concerns default in replying; Rule 6F addresses relief where a set-off or counterclaim succeeds; and Rule 6G applies the rules for written statements to the response to a counterclaim.

Illustrative example

A plaintiff sues for recovery of a contractual payment. The defendant alleges that the plaintiff breached the same contract and seeks compensation. If the defendant wishes the court to award compensation, the written statement should expressly plead the claim as a counterclaim, explain its factual basis and specify the relief requested. A defence denying liability for the payment is not, by itself, an express counterclaim.

Frequently asked questions

Is merely mentioning a claim in the written statement enough?

Rule 6B requires the defendant to state specifically that the ground is relied upon by way of counterclaim. The pleading should also satisfy the requirements applicable to a plaint.

Can a counterclaim be filed after the written statement?

Rule 6A identifies when the counterclaim's cause of action must have accrued. Questions about filing a counterclaim later are subject to the CPC, applicable procedural rules and judicial discretion; the timing of accrual should not be confused with an unconditional right to file at any stage.

Does the plaintiff have a right to reply?

Yes. Order VIII Rule 6A(3) allows the plaintiff to file a written statement in answer to the counterclaim within the period fixed by the court.

Official legislation

For the authoritative statutory wording and applicable amendments, consult the Code of Civil Procedure, 1908 on India Code. State amendments, court rules and special procedures may affect a particular case.

Legal information: This article explains the general CPC framework and does not replace advice on the facts, jurisdiction and procedural posture of a specific case.