Supreme Court · 1995 INSC 788 · Decided 24 November 1995
Gurbachan Singh v. Brag Singh and ORS.
- Court
- Supreme Court of India
- Citation
- 1995 INSC 788 · [1995] SUPP. 5 S.C.R. 682
- Case number
- SPECIAL LEAVE PETITION (CIVIL) No. 27264/1995
- Decided
- 24 November 1995
- Bench
- K. RAMASWAMY, B.L. HANSARIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 8
Headnote
Code of Civil Procedure, 1908: Order 8 Rule 6(A)(l) Suit-Defendant-Extent of pennissibility to raise counter claim in C written statement-Position before and after 1976 Amendment dis­ cusse~Held : In a suit for perpetual injunction counter claim for possession is pennissible-Counter claim (plaintiffs) filed a suit for D perpetual injunction restraining the respondents 1 to 7 from dispossessing them from the suit land or part thereof. In t,heir written Statement respon­ dents 1 to 7 raised counter claim for possession on the ground that the plaintiffs have trespassed
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