Or.2, Rule 2 and Or.8, Rule 6 A of C.P.C - Dismissal of COUNTER CLAIM - is a decree and appeal is the only remedy -2015 S.C.(2014) MSK Law Reports 4.
whether an order of dismissal of the counter-claim being barred by principles of Order 2, Rule 2 of the Code of Civil Procedure (C.P.C.) can be set aside in exercise of revisional jurisdiction under Section 115 of the C.P.C. or in exercise of power of superintendence under Article 227 of the Constitution of India or is it required to be assailed by preferring an appeal. Apex court held Order 8, Rule 6A deals with counter-claim by the defendant. Rule 6A(2) stipulates thus:- “(2) Such counter-claim shall have the same effect as a cross-suit so as to enable the Court to pronounce a final judgment in the same suit, both on the original claim and on the counter-claim.” Rule 6A(3) enables the plaintiff to file a written statement. The said provision reads as follows:- “(3) The plaintiff shall be at liberty ...