Supreme Court of India · 2014-10-14
Rajni Rani & Anr vs Khairati Lal & Ors
- Court
- Supreme Court of India
- Petitioner
- Rajni Rani & Anr
- Respondent
- Khairati Lal & Ors
- Author
- Dipak Misra
- Bench
- Dipak Misra, V. Gopala Gowda
Judgment text excerpt
The Supreme Court addressed whether an order dismissing a counter-claim barred by Order 2, Rule 2 of the Code of Civil Procedure can be set aside under Section 115 or Article 227 of the Constitution. The Court held that the dismissal of the counter-claim was justified as the claim based on a Will was not raised in the earlier suit, thus falling under the principles of Order 2, Rule 2. The Court ultimately upheld the trial court's dismissal of the counter-claim, reinforcing the necessity of raising all claims in the initial suit.