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K. VINOD CHANDRAN, N. V. ANJARIA
Sanjay Tiwari – Appellant
Versus
Yugal Kishore Prasad Sao – Respondent
JUDGMENT :
K. VINOD CHANDRAN, J.
1. Leave granted.
2. The appellant who is the plaintiff in a suit, is aggrieved with the order of the High Court, which affirmed the order of the Trial Court admitting a counter claim by the defendant Nos.2 and 3, who were subsequently impleaded, on their application. The counter claim was against the first defendant; against whom the plaintiff had sought a specific performance of the very same land; subject matter of the suit.
3. The High Court dismissed the application filed under Article 227 on the ground of avoiding multiplicity of litigation, reasoning that the entire issue can be decided in the suit as to whether the counter claim is maintainable or not.
4. Heard the learned counsel for the appellant and the respondents herein. While learned counsel for the appellant contends that there can be no counter claim against the co- defendant in a suit filed by him, the defendants who raised the counter claim pleaded that they may be left liberty to agitate their cause in appropriate proceedings. Learned counsel for the appellant specifically relied on the decisions in Rohit Singh & Ors. v. State of Bihar, (2006) 12 SCC 734 and Rajul Mano Shah @ Rajeshwa
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