Mayar (H.K.) Ltd. v. Owners & Parties, Vessel M.V. Fortune Express
(2006) 3 SCC 100 · Supreme Court of India
Whether a pleading discloses a defence or cause of action is judged on the document as a whole.
Unit III · Drafting, Pleadings and Conveyancing
Set-off and counter-claim
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Counter-claim checklist: same form as a plaint; cause of action against the plaintiff; court-fee on the counter-claim; prayer; it may survive even if the suit is stayed or dismissed.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Code of Civil Procedure, 1908 | O. 8 r. 6 | Set-off |
| Code of Civil Procedure, 1908 | O. 8 r. 6A–6G | Counter-claim |
| Code of Civil Procedure, 1908 | O. 8 r. 7–8 | Defence or set-off founded on separate grounds; new ground of defence |
Landmark cases
Salem Advocate Bar Assn. v. Union of India
(2005) 6 SCC 344 · Supreme Court of India
Case-management timelines for written statements are to be taken seriously, subject to the ends of justice.