Supreme Court of India · 1995-11-24
GURBACHAN SINGH vs BHAG SINGH .
- Citation / case number
- SC 1995/62196
- Court
- Supreme Court of India
- Petitioner
- GURBACHAN SINGH
- Respondent
- BHAG SINGH .
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that Order 8 Rule 6(A)(1) of the CPC, 1908 allows a defendant to raise a counter-claim for possession in a suit for perpetual injunction. The Court clarified that the amendment in 1976 permits such counter-claims irrespective of the nature of the original suit, provided they are filed within the prescribed time limits. The Court dismissed the special leave petition, affirming the lower courts' decisions to grant possession to the respondents.