Holding that a counter-claim under Order VIII Rule 6-A CPC can be filed only against the plaintiff, the Supreme Court set aside the Calcutta High Court's decision that allowed one defendant to file a counter-claim against a co-defendant. A bench of Justice PS Narasimha and Justice Joymalya Bagchi ruled in favor of the plaintiff, who appealed against the High Court's decision to allow filing of counter-claim between co-defendants, stressing that filing of counter-claim between co-defendant is impermissible.
Cause Title: RAJUL MANOJ SHAH ALIAS RAJESHWARI RASIKLAL SHETH VERSUS KIRANBHAI SHAKRABHAI PATEL & ANR.
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