Under Order VIII Rule 6A to 6D of the Code of Civil Procedure, 1908, why is a counterclaim not required to be pursued through a wholly separate appeal?

Because Rule 6D provides that even if the suit is stayed, discontinued or dismissed, the counterclaim may nevertheless be proceeded with, and the counterclaim is so interlinked with the suit claim, being deemed a plaint and adjudicated together on the evidence led at one trial, that it does not require two appeals to be filed from a single common judgment.

Code of Civil Procedure, 1908 — Order VIII Rules 6A to 6D — Order XX Rule 19 — Suit and counterclaim disposed of by a common judgment — Maintainability of a composite appeal — Held: The decisions of various High Courts reveal a cleavage of opinion on whether two separate appeals must be filed against the two decrees — one dismissing the suit, the other allowing the counterclaim, or vice versa — drawn up pursuant to a common judgment, and on whether two decrees are required to be drawn up at all. (¶2, 18) Code of Civil Procedure, 1908 — Order VIII Rules 6A to 6D — Counterclaim treated as cross-suit — Composite appeal against common judgment maintainable — Held further: Since Order VIII Rules 6A to 6D of the Code of Civil Procedure, 1908 treat a counterclaim as a cross-suit interlinked with the suit claim so that both are adjudicated together on the evidence led at one trial, a suit and a counterclaim disposed of by a single common judgment can be challenged by a composite appeal; the composite appeal must, however, show the grounds raised against the decree in the suit and the decree in the counterclaim separately, whether one or two decrees have been drawn up, and must be valued and have court fees paid as for two separate appeals. (¶18, 19, 29) Code of Civil Procedure, 1908 — Composite appeal — First appeal restored — Fresh memorandum with separate grounds permitted — Held further: Since only a single appeal had earlier been filed and was rejected as incompetent, the impugned orders of the High Court and the First Appellate Court are set aside and the first appeal restored; the appellant is permitted to file a fresh memorandum with separate grounds and pay court fees for the additional appeal, to be considered by the First Appellate Court along with the earlier appeal. (¶30, 31)

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