Reviewed case brief
Ram Chandra Singh v Savitri Devi and Ors.
(2003) 8 SCC 319
## Summary
- Court
- Supreme Court of India
- Year
- 2003
- Subjects
- Civil Procedure Code and Law of Limitation
- Reviewed
- 2026-07-22
Rule established
A counterclaim, once properly set up by a defendant under Order VIII Rule 6A CPC, is treated as a cross-suit and must be adjudicated on its own merits, independent of the fate of the plaintiff's original claim; even if the plaintiff's suit is dismissed, withdrawn, or otherwise disposed of, the counterclaim survives and must be decided by the court.
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
(2003) 8 SCC 319; leading authority on the independent, cross-suit character of a counterclaim, cross-verify citation before exam use
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.