Rule 8 Decree where counterclaim is established

Where a counterclaim is established against the claim of the plaintiff and there is a balance in favour of one of the parties [^f1 the judge or district judge as the case may be] may grant a decree in Form 139; but such a decree shall not be made in a case where Order 21 Rule 4(1)(a) applies.

Subject to Order 21 Rule 4(1)(a), nothing in paragraph (1) shall affect the discretion of [ the judge or district judge as the case may be] to award costs in such proportions as he thinks fit.