Supreme Court · 2014 INSC 722 · Decided 14 October 2014
Rajni Rani & ANR. v. Khairati Lal & ORS.
- Court
- Supreme Court of India
- Citation
- 2014 INSC 722 · [2014] 10 S.C.R. 971
- Case number
- CIVIL APPEAL No. 6862/2014
- Decided
- 14 October 2014
- Bench
- DIPAK MISRA, V. GOPALA GOWDA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 115; Constitution Article 227
Headnote
Code of Civil Procedure, 1908: Or. 2 r. 2 - Counter claim - Dismissal of counter claim as barred by principles of Or. 2 A B r.2 - Held: Can be challenged by preferring an appeal and c not by filing revision. Allowing the appeal, the Court HELD: 1. When the counter-claim filed by the defendants is is D attached to it as far as the controversy in respect of the claim put forth by the defendants is concerned. Nothing in that regard survives as far as the said defendants are concerned. If the definition of a decree is appropriately understood it conveys that there has to be a formal E
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