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may 1987

Supreme Court of India · 1987-05-04

MAHENDRA KUMAR & ANR. vs STATE OF MADHYA PRADESH & ORS.

Citation / case number
SC 1985/66961
Court
Supreme Court of India
Petitioner
MAHENDRA KUMAR & ANR.
Respondent
STATE OF MADHYA PRADESH & ORS.
Author
M.M. DUTT
Bench
M.M. DUTT

Judgment text excerpt

The Supreme Court held that under the Indian Treasure Trove Act, 1878, specifically Sections 8 and 14, a counter-claim can be filed even after the written statement, contrary to the High Court's ruling. The Court clarified that the counter-claim is maintainable and not barred by limitation as per Section 14, as the suit under Section 8 allows claimants to establish their rights. The Court set aside the lower court's decisions and directed the District Judge to proceed with the hearing of both the suit and the counter-claim in accordance with law.

MAHENDRA KUMAR & ANR. vs STATE OF MADHYA PRADESH & ORS. · Niyam