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.