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Counter claim Suit against public officer

When a suit is filed by plaintiff, it may happen that the Relevant provision
defendant also has any right or claim against the plaintiff Section 80, 81, 82. Cpc
for which he is legally entitled to bring a separate suit. Public officer
In such a case the defendant may file a plaint for his Any officer empowered to any act on the behalf of Government
claim with written statement. This plaint filed by the Suit against public officer
defendant with written statement is known as counter A suit be brought against public officer in his personal capacity.
claim. Notice
Essential of counter claim Two months prior notice shall be tendered before institution of
1) Pecuniary jurisdiction suit
The counter claim shall not exceed the pecuniary Act done for suit to be brought against public officer, the act done
jurisdiction of the court. by such public officer, the act done by such public officer shall be
2) Amount must be recoverable one done in official capacity.
Amount must be recoverable at the date of filing Notice not required in following
written statement  excess and assault by police
3) Ascertained and unascertained sum  Use of insulting language by public officer
Counter claim may be ascertained and  Seizer of property without authority
unascertained sum of money. Nonfeasance and misfeasance
Effect of counter claim Only those acts done which arise out of a public officer’s
The counter claim have same as a cross suit. It nonfeasance or misfeasance
shall be treated as a plaint and be governed by the Consequences of not giving notice
rules of plaint It is mandatory to serve notice before institution of suit
Difference between set-off and counter claim. otherwise
Set-off Counter claim A plaintiff will not to entitle to any cost
Exemption from arrest and personal appearance
A public officer is exempt from arrest, personal appearance or
It is a statutory defence It is substantially a attachment of property before judgment.
to a plaintiff cross action
It must be ascertained May or may not be for
sum of money ascertained sum
It must arise out of May arise out of
same transaction different transaction
It is a shield It is a sword

Amount claimed must The amount must be for


be below or up to suit a longer sum.
claim