https://www.taxtmi.com/caselaws?id=471114 A counterclaim under Order VIII Rule 6-A has the effect of a cross-suit, enabling a defendant to seek leave under Order XXXIII Rule 1 to pursue it as an indigent person. The indigent-person procedure applies to a counterclaim because the defendant is effectively instituting a cross-suit. Rejecting a counterclaim solely for non-payment of court fee without first considering and deciding the application for leave to sue as an indigent person constitutes a failure to exercise jurisdiction. The leave application must be considered and determined according to law before the counterclaim is rejected for want of court fee. en-us Fri, 04 Aug 1978 00:00:00 +0530 Fri, 21 Aug 2026 15:02:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=471114 A counterclaim under Order VIII Rule 6-A has the effect of a cross-suit, enabling a defendant to seek leave under Order XXXIII Rule 1 to pursue it as an indigent person. The indigent-person procedure applies to a counterclaim because the defendant is effectively instituting a cross-suit. Rejecting a counterclaim solely for non-payment of court fee without first considering and deciding the application for leave to sue as an indigent person constitutes a failure to exercise jurisdiction. The leave application must be considered and determined according to law before the counterclaim is rejected for want of court fee. Case-Laws Indian Laws Fri, 04 Aug 1978 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=471114