Supreme Court: Defendant Cannot File Counter-Claim Against Co-Defendant Under CPC

The Supreme Court has ruled that a defendant cannot file a counter-claim against a co-defendant under Order VIII, Rule 6-A of the Civil Procedure Code (CPC).

The court clarified that a counter-claim is a claim made against a plaintiff, not a party on the same side. This judgment came while overturning a Madras High Court order, emphasizing that the plain language of the provision does not permit a defendant to initiate a counter-claim against another defendant in the same suit.

The judgment, referencing Rohit Singh & Ors. v. State of Bihar, (2006) 12 SCC 734 observed that a counterclaim cannot be made against a co-defendant. Accordingly, the appeal was allowed.

[Rajul Manoj Shah V Kiranbhai Patel & Anr.]