VidhiSangh

Supreme Court of India · 12/09/2025

RAJUL MANOJ SHAH ALIAS RAJESHWARI RASIKLAL SHETH versus KIRANBHAI SHAKRABHAI PATEL & ANR.

[2025] 10 S.C.R. 152 · 2025 INSC 1109

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Summary

In a suit by a co-owner to declare void an agreement to sell executed by the other co-owner, the purchaser (a co-defendant) sought to file a counter-claim for specific performance and partition. The Supreme Court restored the Trial Court's rejection: a counter-claim under Order VIII Rule 6A CPC must be directed against the plaintiff and cannot be directed solely against a co-defendant, and it cannot be brought in after the issues are framed.

Issues

  1. Whether a defendant can, under Order VIII Rule 6A CPC, set up a counter-claim for specific performance directed solely against a co-defendant (represented by a court-appointed Nazir) rather than against the plaintiff.
  2. Whether a counter-claim could be permitted long after the filing of the suit and after the issues had been framed.
  3. Whether the High Court properly interfered under Article 227 with the Trial Court's order rejecting the counter-claim.

Provisions considered

Held

Result

Appeal allowed; the High Court's judgment dated 16.01.2023 in SCA No. 12701 of 2021 set aside and the Trial Court's rejection of the application to amend the written statement and file a counter-claim restored; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 10 S.C.R. 152.