First Schedule — Order VIII: Written Statement, Set-Off and Counter Claim
Order 8 Rule 6C — Exclusion of counter-claim
Code of Civil Procedure, 1908 · Free to read
Where a defendant sets up a counter-claim and the plaintiff contends that the claim thereby raised ought not to be disposed of by way of counter-claim but in an independent suit, the plaintiff may, at any time before issues are settled in relation to the counter-claim, apply to the Court for an order that such counter-claim may be excluded, and the Court may, on the hearing of such application make such order as it thinks fit.