Supreme Court of India
Rajul Manoj Shah Alias Rajeshwari Rasiklal Sheth v. Kiranbhai Shakrabhai Patel & Anr.
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What the Court ordered
In view of the above, we are of the opinion that the High Court committed an error in reversing the judgment of the Trial Court by permitting defendant no. 2 to file a counter-claim against defendant no.1 and not against the plaintiff.
Judgment, page 17
From the headnote
Issue for Consideration Whether the High Court was correct in reversing the order passed by the Civil Court dismissing the interlocutory application filed by respondent no.1 for amending the written statement and for filing a counter claim in a suit for declaration and injunction filed by the appellant; and legality of institution of a counter claim against a co-defendant. Headnotes Code of Civil Procedure, 1908 – Order VIII, Rule 6A – Counter- claim by defendant – Suit for declaration filed by the appellant against her sister-in-law-defendant no.1 seeking declaration that she has no right to
Authorities it was built on
- 1996 Sh. Jag Mohan Chawla and Anr. v. Dera Radha Swami Satsang and Ors.
- 2006 Rohit Singh and Ors. v. State of Bihar (now State of Jharkhand) and Ors.
- 2006 Kishore Kumar Khaitan and Anr. v. Praveen Kumar Singh
- 2019 G H Ashok Kumar Kalra v. Wing Cdr. Surendra Agnihotri & Ors.
- 2023 Damodhar Narayan Sawale (d) through Lrs v. Shri Tejrao Bajirao Mhaske & Ors
- 2019 Munishamappa & Ors. v. State of Karnataka
- 2022 Satyender and Ors. v. Saroj and Ors
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