Sanjay Tiwari Vs Yugal Kishore Prasad Sao & Ors (Supreme Court of India)
Summary: The Supreme Court held that a counter claim cannot be filed against a co-defendant under Order 8 Rule 6A of the Civil Procedure Code. In this case, the plaintiff filed a suit for specific performance of an oral agreement to purchase land. Two impleaded defendants, claiming partial ownership of the same property, filed a counter claim seeking transfer of the entire land. The Trial Court and High Court allowed the counter claim to avoid multiplicity of litigation. The Supreme Court, however, found the counter claim legally impermissible, misconceived, and barred by limitation, emphasizing that counter claims can only be directed against the plaintiff and must arise from enforceable rights. The Court noted that the impleadment of the defendants was valid solely to cure non-joinder defects regarding possession, leaving the merits of possession to the Trial Court. The Apex Court allowed the appeal, dismissed the counter claim, and prohibited the impleaded defendants from filing a separate suit.
Counter Claim Against Co-Defendant Not Maintainable – SC Reiterates Bar Under Order 8 Rule 6A CPC- No Counter Claim Between Co-Defendants – Suit Saved Only From Non-Joinder Defect
Specific Performance Suit – Counter Claim by Impleaded Defendants Dismissed as Time-Barred & Misconceived- Multiplicity of Litigation Cannot Justify an Illegal Counter Claim – SC Restores Procedural Discipline
