Respected Sir,
Can you please interpret the following attached order of supreme court since it is very short.
Does it says that the counterclaim against co-defendant is not permitted in any case.
Seek professional services of the lawyer engaged / paid by you.
Thanks Sir for your valuable feedback. There are couple of judgments in which counterclaim is accepted by the court against co-defendants in partition suit where third party (Purchaser) was also involved even after this order. This is really confusing. Can you provide any latest citation of SC which says it can not be filed again co-defendants in any case.
One of the Judgment from Madras HC and Other is from HC of Karnataka Dharwad Bench
1. A.V.Murugan Vs..K.Maheswari C.R.P.(MD).No.42 of 2012 and M.P.(MD).No.1 of 2012
https://indiankanoon.org/doc/174454553/
2. R.S.A. No. 5669/200
http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/147443/1/RSA5669-09-07-12-2016.pdf
These are the two judgments which has accepted the counterclaim against co-defendants also.
Thanks and Regards,
The decision of Madras High Court is after the order of Supreme Court I have shared. That is the confusion now which will be applicable. I am not sure the SC decision is in the knowledge of Madras High Court while taking this decision.