CPC Case Brief – Jag Mohan Chawla v. Dera Radha Swami Satsang

Spread the love

You can grab notes on other topics of CPC here.

Facts – Appellant/plaintiffs sought a perpetual injunction to restrain the respondents from interfering with their possession of the property. Defendant made a counterclaim that property was theirs and appellant be restrained from interfering their use of the property. The plaintiff made a reply to the counterclaim set up by a defendant in order to escape ex parte judgment (Order 8 Rule 6E) and also made an application that defendant’s counterclaim is adjudicated in an independent suit (Order 8 Rule 6C). Sub ordinate judge dismissed the application.

Issue – Whether in a suit for injunction, counter-claim for an injunction in respect of the same or a different property is maintainable? Whether counter-claim can be made on the different cause of action?

Holding – Counterclaim for purposes of Order 8, Rule 6A is no longer confined to money claim or to cause of action of the same nature as an original action of the plaintiff. It need not relate to or be connected with the original cause of action or matter pleaded by the plaintiff. The only limitation is that the cause of action should arise before the time fixed for filing the written statement expires. The defendant may set up a cause of action which has accrued to him even after ‘the institution of the suit.

You can grab notes on other topics of CPC here.

 


Spread the love

Leave a Reply

Your email address will not be published. Required fields are marked *