A counterclaim is, in effect, a separate suit by the defendant against the plaintiff. Order 8 rule 13 of the Civil Procedure Rules allows a counterclaim to be proceeded with even where the plaintiff’s suit is stayed, discontinued or dismissed. Abatement under Order 11A rule 1(6) is the consequence of the plaintiff’s default in taking out summons for directions. It ends the plaintiff’s suit. The rule says nothing of a counterclaim, and Order 11A rule 1(8) itself contemplates an action proceeding only on a counterclaim, treating the counter-claimant as the plaintiff.
READ MORE ON THE RULING: Ruling_Counterclaim_LS_03_of_2026