Case Note & Summary
The appellant-plaintiff, M/S. Shah Polymers, filed a suit (O.S.No.337/2008) against the respondents-defendants, M/S. Canara Poly Pack Ltd. and another, before the Principal Civil Judge (Jr.Dn.), Bengaluru Rural. The defendants filed a counter claim. The trial court, by order dated 29.07.2017, directed return of the counter claim to the defendants for presentation before the proper court, invoking Order 7 Rule 10 of CPC. Earlier, on 04.07.2013, the trial court had also returned the plaint for presentation before the proper court. The appellant challenged the order returning the counter claim. The High Court heard the appeal. The main legal issue was whether Order 7 Rule 10 CPC applies to counter claims. The appellant argued that the counter claim is a substantive pleading and Order 7 Rule 10 applies only to plaints. The respondents supported the trial court's order. The High Court analyzed the provisions and held that Order 7 Rule 10 is specifically for return of plaints, not counter claims. A counter claim is governed by Order 8 Rule 6A CPC. The court must examine if it has jurisdiction over the counter claim; if not, it may return it under Order 8 Rule 6A read with Order 7 Rule 10. In this case, the trial court had jurisdiction over the subject matter of the counter claim as it was connected to the suit. Therefore, the order returning the counter claim was set aside. The appeal was allowed, and the trial court was directed to proceed with the counter claim in accordance with law.
Headnote
A) Civil Procedure - Counter Claim - Return of Counter Claim - Order 7 Rule 10 CPC - Order 8 Rule 6A CPC - The trial court ordered return of the counter claim filed by the defendants under Order 7 Rule 10 CPC on the ground that the court lacked jurisdiction. The High Court held that Order 7 Rule 10 applies only to plaints and not to counter claims. A counter claim is a substantive pleading but is governed by Order 8 Rule 6A CPC. The court must first determine if it has jurisdiction over the counter claim; if not, it may return it under Order 8 Rule 6A read with Order 7 Rule 10. However, in this case, the trial court had jurisdiction over the subject matter of the counter claim as it was connected to the suit. The order was set aside. (Paras 2-5)
Issue of Consideration
Whether the trial court was justified in ordering return of the counter claim filed by the defendants under Order 7 Rule 10 of CPC, and whether Order 7 Rule 10 applies to counter claims.
Final Decision
Appeal allowed. The order dated 29.07.2017 passed by the Principal Civil Judge (Jr.Dn.), Bengaluru Rural in O.S.No.337/2008 is set aside. The trial court is directed to proceed with the counter claim in accordance with law.
Law Points
- Order 7 Rule 10 CPC applies only to plaints
- not counter claims
- counter claim is a substantive pleading akin to a plaint but governed by Order 8 Rule 6A CPC
- return of counter claim for want of jurisdiction must be under Order 8 Rule 6A read with Order 7 Rule 10
- but only if the court lacks jurisdiction over the counter claim
- the trial court erred in returning the counter claim without considering that it had jurisdiction over the subject matter.
