Counter-Claim -:- Misunderstanding

As per O.8 R.6A of C.P.C. defendant may file Counter-Claim.....................

-Basically counter claim may be filled by defendant against plaintiff.

- In respect of any right/claim accrued to defendant against plaintiff.

-Counter-Claim shall be filled before defendant the time limited for delivering defence has expired even cause of action accrued before or after filing of suit.

-It is not restricted for money claim . It may be filled in respect of any claim .

- Basically counter claim shall not exceed the pecuniary limits of the jurisdiction of court.

- Counter claim have same effect like suit. Also provisions / rules of suit/plaint shall applicable to counter claim.

- If suit is stayed/dismissed then also counter claim may proceed.

- Counter claim may be filled after filing of written statement but before time limited for delivering defence has expired.

- In counter claim defendant may add necessary party other than parties to suit.

-In counter claim defendant may add property other than subject matter of suit.

- Counter claim solely against co-  defendant of suit is not maintainable.

-Counter claim for injunction in respect of same or different property is also maintainable.

....... Relevant Judgement...........

1) Jag Mohan Chala & And v/s Dera Radha Swami Satsang & Ors A.I.R.1996 S.C.2222=1996 SAR 590=1996(4)SCC 699

2) Smt. Shanti Rani Das Dewanjee v/s Dinesh Chandra Day (dead ) by Lrs 1997 SAR 803=1997(8)SCC 174

3) Datta Bandu Sadale v/s Sridhar Payagonda Patil 1992(2) Mah.L.J.784

4) Manikchand Fulchand Katariya v/s Lalchand Harakchand Katariya 1994(1)Mh.L.J.732

5) Rajni Rani & And v/s Khairati Lal & ors 2014 SAR 1159= 2014 AIR SCW 6187

6) Oberlino Cirilo Sanches v/s Momento Var 200(4) All.M.R.640=2006(5) Bom.C.R.383.

....... Please Comment & give Suggestions.....