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october 2014

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.

Rajni Rani & Anr vs Khairati Lal & Ors · Niyam