Q🔹Legal Learning – Shri Ganpati Jurists🔹
🧾 Case: Sanjay Tiwari vs. Yugal Kishore Prasad Sao & Ors.
📍Court: Supreme Court of India
⚖️ Principle Reiterated:
A counterclaim cannot be filed by a defendant against co-defendants.
🧩 Key Observation:
“A counterclaim, though it may be based on a different cause of action than the one in the suit, must be incidental or connected with the plaintiff’s cause of action. It has necessarily to be directed against the plaintiff and cannot be directed against a co-defendant.”
📘 Legal Essence:
The purpose of a counterclaim is to allow a defendant to raise a cross-claim against the plaintiff within the same proceedings, avoiding multiplicity of suits.
It is not a mechanism to settle disputes among co-defendants.
💡 Takeaway:
A counterclaim must:
Arise out of the same or a connected cause of action. Be filed only against the plaintiff, not co-defendants.
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