Niyam v2 is live — start for just ₹100 — 200 credits to try

november 1995

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.

GURBACHAN SINGH vs BHAG SINGH . · Niyam