Counter Claim Against Co-Defendant Not Maintainable SC Clarifies Civil Procedure Code

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 c...