Question

Claim made by the defendant in a suit against the plaintiff

• A. Cross claim
• B. Cross suit
• C. Counter claim
• D. Cross decree

Hint:

Distinguish between Set-off (Order 8, Rule 6) and Counter-claim (Order 8, Rule 6A). A set-off is a defensive plea to reduce the plaintiff's claim with an ascertained sum of money. A counter-claim is an offensive plea, a separate cause of action against the plaintiff, which can even exceed the plaintiff's claim.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks for the specific legal term for a claim raised by the defendant against the plaintiff within the same lawsuit initiated by the plaintiff. This is a procedural concept governed by the Code of Civil Procedure (CPC), 1908.
Step 2: Detailed Explanation:
Order VIII, Rule 6A of the CPC deals with "Counter-claim by defendant". It allows a defendant in a suit to set up, in addition to their right of set-off, a claim against the plaintiff in respect of a cause of action that accrued to the defendant either before or after the filing of the suit, but before the defendant has delivered his defence.
A counter-claim is essentially a cross-action. It has the same effect as a cross-suit, but it is filed within the plaintiff's existing suit, avoiding the need for a separate lawsuit. The court can pronounce a final judgment in the same suit, both on the original claim and on the counter-claim.
- Cross claim is a broader term, often used in American jurisprudence for a claim by one defendant against another defendant. - Cross suit would mean a separate suit filed by the defendant. - Cross decree relates to a situation where two parties have decrees against each other. The specific term used in the CPC for a claim by the defendant against the plaintiff in the same suit is "Counter-claim".
Step 3: Final Answer:
A claim made by the defendant against the plaintiff in the plaintiff's own suit is called a counter-claim. Therefore, option (C) is the correct answer.