Supreme Court of India · 2014-10-14
RAJNI RANI vs KHAIRATI LAL .
- Citation / case number
- SC 2012/5832
- Court
- Supreme Court of India
- Petitioner
- RAJNI RANI
- Respondent
- KHAIRATI LAL .
- Author
- Dipak Misra
- Bench
- V. GOPALA GOWDA DIPAK MISRA
Judgment text excerpt
The Supreme Court addressed whether a dismissal of a counter-claim, barred by Order 2, Rule 2 of the Code of Civil Procedure (C.P.C.), can be challenged under Section 115 of the C.P.C. or Article 227 of the Constitution of India. The Court held that such dismissal is not amenable to revision under Article 227, as the proper remedy is to file an appeal. The ruling clarifies the procedural limitations regarding counter-claims and the necessity of raising all claims in the original suit.