Supreme Court · 2016 INSC 228 · Decided 1 March 2016
Vijay Prakash Jarath v. Tej Prakashjarath
- Court
- Supreme Court of India
- Citation
- 2016 INSC 228 · [2016] 2 S.C.R. 91
- Case number
- CIVIL APPEAL No. 2308/2016
- Decided
- 1 March 2016
- Bench
- J.S. KHEHAR, C. NAGAPPAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908- 0. VIII r.6A - Counter claim - When can be filed - Held: Cause of action in respect of which a counter claim can be filed, should accrue before the defendant has C delivered his defence - In the present case, cause of action for which counter-claim was filed. had suit i.e. well before the defendant delivered his defence - Thus, it was well within the right of the defendants to file the counter-claim. Allowing the appeals,, the Court HELD: 1. A perusal of Sub-clause (1) of Section 6A of Order VIII CPC, leaves no room for any doubt, that the cause of action
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)