All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

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47.

Claim made by the defendant in a suit against the plaintiff

A: Cross claim
B: Cross suit
C: Counter claim
D: Cross decree

The answer is: C

Explanation

The correct option is C: Counter claim.

A counter claim is a claim made by the defendant in a suit against the plaintiff, as a means of defense or to offset the plaintiff's claim. A counter claim can be filed along with the written statement of the defendant, before the issues are framed by the court. A counter claim must arise out of the same transaction or occurrence that is the subject matter of the plaintiff's claim, and must be within the jurisdiction of the court. A counter claim is treated as a plaint and the plaintiff has to file a written statement in response to it. If the defendant succeeds in his counter claim, he can get a decree in his favor against the plaintiff.

A cross claim is a claim made by one party against another party who is on the same side of the suit, such as a co-plaintiff or a co-defendant. A cross suit is a suit filed by one party against another party who has already filed a suit against him, in a different court or jurisdiction. A cross decree is a decree passed in favor of both parties, in respect of their respective claims against each other.