GURBACHAN SINGH versus BRAG SINGH AND ORS.

In a suit for injunction, counter-claim for possession is permissible under Order 8 Rule 6(A)(1) of CPC, provided it does not exceed the pecuniary jurisdiction of the court.

Parties: Petitioner: Gurbachan Singh; Respondent: Bhag Singh
Jurisdiction: India
Judgment Date: 24 November 1995
Procedural Posture: Special Leave Petition (civil) / Supreme Court Disposition After Appeal Affirmed by High Court
Outcome: Petition dismissed.
Legal Topics: Counter Claim, Perpetual Injunction, Possession, Order 8 Rule 6 a

Civil Procedure Counter Claim Perpetual Injunction Possession Order 8 Rule 6 a

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3

Parties

Gurbachan Singh

Petitioner

Bhag Singh

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Disposition After Appeal Affirmed by High Court

Legal Issues

1 Whether a counter-claim for possession can be raised in a suit for perpetual injunction
2 Whether a counter-claim filed within two months from the date of suit is time barred

Ratio Decidendi

In a suit for injunction, counter-claim for possession is permissible under Order 8 Rule 6(A)(1) of CPC, provided it does not exceed the pecuniary jurisdiction of the court.

Court Disposition

Petition dismissed.

Orders

Special Leave Petition dismissed.