the counter claimneeds to be treated as a plaint in view of Order 8 Rule 6-A(2) CPC.

2)  fact, when a counter claim is made, the person viz., the defendant who makes such claim becomes the plaintiff insofar as that claim is concerned and person against whom such claim is made becomes the defendant. Sub-clause (2) of Rule 6A of Order 8 CPC makes it clear that such counter claim shall have the same effect as a cross suit. Even if the plaintiff in the said suit discontinues or the suit itself is stayed or dismissed, still the counter claim can be proceeded with as contemplated under Order 8 Rule 6D

You should have sought time to file your reply to interim application 

Court  would have granted your request and given you 4 weeks or so to file your reply 

3) submit your written statement after service of summons within period of 30 days 

Dear client,  It appears that the trial court allowed the withdrawal of your original suit (O.S.) but allowed the defendant's counterclaim to continue as a cross-suit. You are concerned about the maintainability of the defendant's counterclaim in this situation. The limit lime to file IA is 120 days at maximum.

The counter claim will prevail when it suit is withdraws or dismissed 

Counter-claim being in the nature of cross-suit, is not affected by the dismissal of plaintiff's suit. The counter claim has to be disposed of on merits. Therefore, the dismissal of plaintiff's suit on the ground of withdrawal of the suit by the plaintiff would not affect the counter claim of the defendant.The effect of the counterclaim is that even if the suit of the plaintiff is stayed, discontinued, dismissed or withdrawn, the counterclaim will be decided on merits and the defendant will have a right to get a decree for a counterclaim as claimed in the written statement.

There is no time limit to file objection to the IA, you may have to file the same as and when you receive the copy of the IA. 

The court will insist the respondent to file the objection on the next date failing which the court may allow the IA against the objections of the respondent which was not yet filed. 

it seems you are thoroughly confused

even if the main suit is dismissed as withdrawn, the counter claim will survive until it is withdrawn by the defendant

there is no time limit to file objection to IA...once you have been summoned by the court then you have to take steps. you need to engage an advocate immediately 

- The counter-claim can be treated as a plaint and the plaintiff can file a written statement in answer to it. 

- However, as per the Supreme Court in the case of Ashok Kumar Kalra versus Wing Cdr. Surendra Agnihotri , that the court shall permit the filing of the counter claim only after the written statement is filed, but not after the issues are formulated.

- Further, if the main suit is stayed, dismissed, or discontinued, the counterclaim can still proceed, as stipulated under Order 8 Rule 6 D, however it should be treated independently. 

- Hence , with the withdrawal of the main suit by the Plaintiff , the counter claim filed by the defendant cannot be initiated as the suit of the defendant under the main suit number.

- The limitation for filing the objection or reply is 30 to 90 days from the date of service of the summon on you. 

- You can approach the higher court against the order of the said court for treating the counter claim as main suit  filed and withdrawn by you . 

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.