192Counterclaim and set-off

192 Counterclaim and set-off

(1)  Subject to subrules (7) and (8) , a defendant to an action may claim any relief against a plaintiff by counterclaim in that action.

(2)  A counterclaim may comprise several distinct and inconsistent causes of action or claims to relief.

(3)  A defendant to an action may plead any right or claim by way of set-off against the claim of a plaintiff.

(4)  A counterclaim or set-off enables the Court or a judge to pronounce a final judgment in the action, both on the original claim and on the set-off or counterclaim.

(5)  A defendant seeking to raise a counterclaim is to –

(a) state that fact specifically in the defence; and

(b) set out the counterclaim as a separate part of the defence headed "Counterclaim".

(6)  A counterclaim to recover possession of land or goods is to contain, or be endorsed with, the statement required by rule 112 or 113 .

(7)  In an action in which there are no pleadings, a defendant may bring a counterclaim only with the leave of a judge.

(8)  A judge may grant leave on any terms the judge considers proper.

(9)  A counterclaim to which subrule (7) applies is to be brought by an application in the action.