( 2025:HHC:20922 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No. 174 of 2025. Decided on : 2 nd July, 2025. M/s Eri Tech Ltd. ...Petitioner. Versus C.M. Sharma & Anr. ....Respondents. Coram: The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Sanjay Prashar, Advocate. For the respondents: Mr. Bimal Gupta, Sr. Advocate with Ms. Kusum Chaudhary, Advocate, for respondent No.1. Mr. Virender Singh Kanwar, Advocate, for respondent No.2. Satyen Vaidya, Judge (Oral). By way of this petition, a prayer for transfer of records of Civil Suit No. 3 of 2024, titled as C.M. Sharma vs. M/s Eri Tech Ltd., along with counter claim from Court of learned Additional District Judge (1), Mandi to the Court of learned Additional District Judge, Nalagarh, District Solan, has been made. 2. Petitioner herein is the defendant in the above noted suit. 1 Whether reporters of the local papers may be allowed to see the judgment? 3. The prayer for transfer has been made on the ground that the territorial jurisdiction to try the suit lies with the Court at Nalagarh. 4. It has transpired that the petitioner/defendant has filed a counter claim of the value of Rs.1,08,00,000/-, whereas the suit filed by the plaintiff/respondent No.1 is having the vlaue of Rs.26,96,742/-. 5. Order 8 Rule 6A of the Code of Civil Procedure reads as under:- “6A. Counter-claim by defendant.(1) A defendant in a suit may, in addition to his right of pleading a set-off under rule 6, set up, by way of counter-claim against the claim of the plaintiff, any right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before or after the filing of the suit but before the defendant has delivered his defence or before the time limited for delivering his defence has expired. whether such counter-claim is in the nature of a claim for damages or not: Provided that such counter-claim shall not exceed the pecuniary limits of the jurisdiction of the Court. (2) Such counter-claim shall have the same effect as a cross- suit so as to enable the Court to pronounce a final judgment in the same suit, both on the original claim and on the counter-claim. (3) The plaintiff shall be at liberty to file a written statement in answer to the counter-claim of the defendant within such period as may be fixed by the Court. …2… ( 2025:HHC:20922 ) (4) The counter-claim shall be treated as a plaint and governed by the rules applicable to plaints.” 6. Since, the value of the claim in the counter claim is more than Rs. One crore, neither the Court of District Judge at Mandi nor at Nalagarh will have the pecuniary jurisdiction. Rather, the jurisdiction to try the claim of more than Rs. One crore lies with this Court. 7. In Special Leave Petition (Civil) Diary No(s). 31059 of 2018, titled as Deivathal & Ors. vs. Loganathan and Ors., decided on 26.02.2018, the Hon’ble Supreme Court has held as under:- “3. The apprehension of the petitioners that the counter claim taken on record by the trial court will be tried by itself even through it is beyond pecuniary jurisdiction of the trial Court, is misplaced inasmuch as Order 8 Rule 6A(4) of the Code of Civil Procedure clearly postulates that the counter claim shall be treated as plaint and be governed by the Rules as applicable to the plaint. This means that the trial court after taking the counter claim on record if it is beyond pecuniary jurisdiction will have to return the cause for being presented before the court of competent jurisdiction having pecuniary limits to try the counter claim and the main suit together.” 8. In light of the aforesaid exposition of law as also keeping in view the provisions of Order 8, Rule 6A of the …3… ( 2025:HHC:20922 ) Code, the Civil Suit No. 3 of 2024, titled as C.M. Sharma vs. M/s Eri Tech Ltd., is withdrawn from the files of learned Additional District Judge(1) Mandi with the order to transfer the same to the files of this Court. Petition stands disposed of accordingly. Pending applications, if any, also stand disposed of. (Satyen Vaidya) Judge 2nd July, 2025. (jai) …4… ( 2025:HHC:20922 )