Code Of Civil Procedure

Sanjay Tiwari v. Yugal Kishore Prasad Sao 2025 INSC 1310 - CPC - Counter Claim Against Co-Defendant

CaseCiter

12 Nov 2025 • 2 min read

Code of Civil Procedure 1908 - Order VIII Rule 6A - High Court affirmed the order of the Trial Court admitting a counter claim by the defendant Nos.2 and 3, who were subsequently impleaded, on their application. The counter claim was against the first defendant; against whom the plaintiff had sought a specific performance of the very same land; subject matter of the suit- Allowing appeal, SC observed: The counter claim against the co-defendant cannot survive and the same has to be rejected. Impleadment of the 2 nd and 3rd defendants though voluntarily made by themselves, saves the suit from the defect of non-joinder of necessary parties, on the ground of possession, even if it is so found.

Case Info

Case name: Sanjay Tiwari v. Yugal Kishore Prasad Sao & Ors.
Neutral citation: 2025 INSC 1310.
Coram: K. Vinod Chandran, J. and N. V. Anjaria, J.
Judgment date: November 12, 2025, New Delhi.

Caselaws and citations

Rohit Singh & Ors. v. State of Bihar: (2006) 12 SCC 734.
Rajul Mano Shah @ Rajeshwari Rasiklal Sheth v. Kiranbhai Shakrabhai Patel & Anr.: (2025) 10 SCR 152.

Statutes/laws referred

Code of Civil Procedure, 1908: Order 8 Rule 6A (counterclaim requirements and scope).

Sanjay Tiwari v. Yugal Kishore Prasad Sao 2025 INSC 1310 - CPC - Counter Claim Against Co-Defendant

Sanjay Tiwari v. Yugal Kishore Prasad Sao 2025 INSC 1310 - CPC - Counter Claim Against Co-Defendant.pdf

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