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november 2025

Supreme Court of India · 2025-11-12

Sanjay Tiwari vs Yugal Kishore Prasad Sao

Court
Supreme Court of India
Petitioner
Sanjay Tiwari
Respondent
Yugal Kishore Prasad Sao

Judgment text excerpt

The Supreme Court examined the validity of allowing a counterclaim against co-defendants in a suit where the plaintiff sought specific performance of the same land. The High Court had dismissed an application under Article 227, reasoning that the issues could be resolved within the suit to avoid multiplicity of litigation. The Court considered whether counterclaims against co-defendants are permissible and the procedural implications, ultimately affirming the lower courts' decisions. The judgment clarifies the procedural scope of counterclaims in civil suits involving co-defendants.

Sanjay Tiwari vs Yugal Kishore Prasad Sao · Niyam