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

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