CPC order 8 ( rule 6 to 6G) lecture 2

[@mandeepkaurmahi0762]

Thnx sir❤❤

[@Rakesh-in8zk]

Thanks sir ji 😊

[@shivangisingh1438]

Best lectures on youtube

[@My_lyf99]

The best explanation

[@shagunshandilya6594]

One of the best videos that I have gone through so far🎉🎉 keep going sir

[@digvijaysinghgarg6025]

Best

[@ekramahmed4920]

Mast explanation sir g.....

[@smritiaggarwal1322]

taught wonderfully

[@PoojaGupta-nq3wj]

thku so much sir

[@rinkysingh5162]

Nice lecture sir thanku so much for your effort love ❤you sir

[@lawbytes]

Top class lecture bilkul clear ho gya dno mein differnce for lifetime yaad rhega

[@ManjuSharma-qf9jk]

Thnku

[@judiciarymains]

जानदार, जबरदस्त, जिंदाबाद

[@judiciaryscholar]

You are amazing sir... You teach so well

[@harpreetsinghkahlon2827]

Welcome g

[@poojaadvocate2958]

Awesome lecture 👌👌👌👌

[@AdityaMishra-kd6gr]

🙏

[@nunvlogs333]

sir set off can be filed only against suit for recovery of money?

[@harpreetsinghkahlon2827]

Yes

[@cliked8325]

Sir thanks for nice explanation

[@SM-cs6tu]

Excellent 🙂👌🙏

[@bhauvyapsd7170]

Awesome explanation....🙏👍 Thank you so much Sir.

[@advocatepankajriyar5756]

Thank u sir

[@200vaibhav1]

sir, what is the difference between set off & cross suit & and a cross decree? please answer

[@samarmishra1025]

Sir yeh counter claim ki definition plz smjha dijie It may be setoff only in respect of claim for which defended can file a separate suit

[@gurpreetsinghbhatti4123]

Very nice ji

[@simerjeetsingh9994]

Very well explained sir

[@samarmishra1025]

Sir Laxmi Das vs Nana bai m held kia tha ki Counter claim is a statutory right but yeh add toh Cpc m 1976 k amendment se add kiya tha aur yeh helding toh 1964 k case ki hai, aisa kaise sir?

[@karamsingh4279]

Thank s sr g

[@VikashKumar-yt4wj]

sir how a defandent can file counter claim against co defandadant? please sir explain this in chat box I will very thankful to u sir actually sir this question was asked in mp judiciary.

[@DIDI-fd4ug]

Is counter-claim is limited to money suits or even can be filed in property matters???

[@harpreetsinghkahlon2827]

Money only

[@DIDI-fd4ug]

@@harpreetsinghkahlon2827 Thanks for reply. But specifically like if plaintiff file a suit for possession and defendant file counter claim, then counter claim is maintainable

[@harpreetsinghkahlon2827]

No

[@PoojaGupta-nq3wj]

Thku sir😊🙏🏻

[@adv.jagjitsinghkang424]

Can court fee be paid by defendant on counter claim

[@harpreetsinghkahlon2827]

8 of the Court Fee Act says that a written statement pleading setoff or Counter claim shall be chargeable with fee in the same manner as a plaint. ... When various claims made by defendant in written statement are in the nature of a set off or a Counter claim, the defendant is liable to pay CF in respect of the said claim.

[@dhanashrigore6465]

*_◆ CJJD & JMFC MAINS_* *_🌟Q. Baldev Singh files a suit for recovery of 5 lakh of rupees against Charan Singh. Can Charan Singh claim a 'set off' against Baldev Singh & Ram Singh jointly in his written statement?_* *_🌟Q. Can Charan Singh file counter claim, against Baldev Singh & Ram Singh jointly in the abovesaid suit of Baldev Singh?_*

[@Komalpreetkaurkk]

👍👍

[@llbDivyaV]

Sir if defendant is claiming only set off and plaintiff has already filed a suit in court of appropriate jurisdiction , how can the set off claim exceed pecuniary limits of the court in which suit is brought sir? Set off claimed by defendant will always be less than claim of plaintiff right sir? Kindly clarify . Thank you sir

[@advb.2158]

Sir agr plaintiff suit withdraw kr lye..counter claim regular chlega ??nd sir u r a excellent teacher in real sence..thnxx

[@harpreetsinghkahlon2827]

Counter claim is a SEPERATE suit, so if plaintiff has withdrawn his case against defendant, then the trial of counter claim be continued

[@rupeshp6254]

excellent way of teaching sir..thank you.i have a doubt tho..while filing the counter claim if the amount crossed the pecuniary limits of the jurisdiction of the court then what the defendant can do?will he apply for the change of appropriate jurisdiction which has pecuniary limits?what remedy does defendant have?

[@harpreetsinghkahlon2827]

He has to file a suit in the court having pecuniary jurisdiction. But if want to take the counter claim then he has to adjust the claim. But court can trial the same no objection was taken by adverse party and in that case judgment will be of binding in nature

[@hardikkhanna7823]

in re to o8 r 6 illust. d,e and h . in illustration 'd" why it is setoff and not counterclaim ? in ill. e and h why it is a set off even when both are in different characters??

[@vikalptyagi6523]

sir, u teach very well. i request u to continue ur lecture series

[@tapendrasaharia180]

Sir, 1.Does set off can be claimed in title suit? 2. Does counter claim be claimed in money suit.

[@harpreetsinghkahlon2827]

1. Jashwant Singh vs Smt. Darshan Kaur And Ors. on 27 January, 1983 2. Equivalent citations: AIR 1983 Pat 132 Plz read these judgments, it will clear all ur doubts. In was held that "the contention of the learned counsel for the petitioner that counter-claim under the rules aforesaid can be made only in such suits in which there is dispute in respect of mony claim, has to be accepted".

[@200vaibhav1]

counter claim filed by defendant is governed by which section or article of limitation? please answer

[@harpreetsinghkahlon2827]

Sec 3(1)(b)II of limitation act, and counter claim is basically cross suit and defined under order 8

[@navyajain7327]

Q1 sir agr set off me A ka suit dismisse ho gya to ky B ka suit continue hoga? Q2 sir kya countr claim after expire of limitation period v kiya ja skta hai?

[@rishi.999]

Q1 hoga

[@harpreetsinghkahlon2827]

The two suits are considered to be independent of each other. Even if the suit instituted by plaintiff is dismissed or is withdrawn, it makes no difference. The claim of defendant for amount of set-off does not go with the suit and the court may pass a decree in favour of defendant in respect of that sum. Counter claim always be claimed within limitation period.

[@sanjeevverma9789]

👌

[@arpitmishra940]

A and B sue C for 1000. C cannot set off a debt due to him by A alone. Es illustration ko explain karie Sir please

[@harpreetsinghkahlon2827]

In a joint suit a single person can't set off his debts due towards him against the parties

[@deepakkumarchouksey5962]

Thanks for clear and nice explanation 👍 Sir please tell me the limitations of counter claim can I file it after the evidence of plaintiff.

[@arpitmishra940]

Sir, Rule 6 ke sub rule 2 m ek line hai 'this shall not affect the lien,upon the amount decreed ,of anu pleader in' es line ka meaning kya hoga sir? ?

[@richagirdhar5668]

Sir can you please help me out relating to the topic BOYCOTTING in consumer protection... i am unable to understand from the notes provided by our teacher... I would be highly thankful to u if you could help me.

[@harpreetsinghkahlon2827]

Consumer boycott means a boycott adopted by consumers of both product and services to express their displeasure with the seller, manufacturer, or provider. Sometimes, customers may refuse to purchase a particular product in order to show their dissatisfaction to the excessive price or offensive action of a particular manufacturer or producer. It mainly focuses on the long-term change in the buying habits by bringing reform in commodity markets, or by inducing government commitment to moral purchasing. In C. Comella, Inc. v. United Farm Workers Organizing Committee, 33 Ohio App. 2d 61 (Ohio Ct. App. 1972), the court held that “a peaceful product or secondary consumer boycott that is educational, informational and considered part of the primary labor dispute is valid and lawful. Such boycott must not be forceful, coercive, conducted under restraint and directed against the secondary employer to such an extent that it is considered a traditional secondary boycott”.

[@richagirdhar5668]

thank u so mch sir...

[@harpreetsinghkahlon2827]

Have u got it?

[@shivaantomar7108]

Sir the word for W.S filed by Plaintiff in answer to defendant's clam is 'Replication' but, I am not sure if this term is used in Indian Courts or not. P.s- Your lectures are so lucid Sir :)

[@harpreetsinghkahlon2827]

Replication is usually used in court

[@judiciarymains]

Sir, replication is answer of WS. Replication word is used in Courts but nowhere mentioned in the CPC

[@kapildevnani1651]

Sir suppose plantiff files a suit for recovery of 10K from defendent and defendent in his written statement says that he also claims 5K from plaintiff, but it is by the way of different transaction. So sir, it will not be a set off as it is by the way of a different transaction and it will not be a counter claim as defendent is not attacking on plaintiff here, he is claiming only 5K and plaintiff is claiming 10K. So what it will be?

[@kapildevnani1651]

Sir, Could you please clarify this point

[@arpitmishra940]

The plaintiff delivered 10 KG Rice bags to the defendant, the cold storage proprietor on certain conditions for preservation. The defendant did not fulfil all those condition and committed breach of contract. The plaintiff filed a suit for damages. The defendant filed counterclaim. decided case. es question ka answer explain karie please sir

[@harpreetsinghkahlon2827]

On what basis the defendant file the counter claim. If any amount is due towards defendant then he can claim his right. Otherwise it's just a breach of contract for which only plaintiff has right to file a suit against defendant.

[@adv.kunalgupta4868]

Sir am from patiala

[@harpreetsinghkahlon2827]

Welcome g

[@adv.kunalgupta4868]

@@harpreetsinghkahlon2827 thnx sir