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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Desh Raj – Appellant
Versus
Vinod Kumar – Respondent
JUDGMENT :
ROMESH VERMA, J.
The appellants have preferred the present Regular Second Appeal, under Section 100 of the Code of Civil Procedure, against the judgment and decree, dated 02.09.2009, passed by learned Additional District Judge (I), Kangra at Dharamshala (H.P), (hereinafter referred to as “the First Appellate Court”), in Civil Appeal No.113-D/04, titled as ‘Vinod Kumar & Anr. Vs. Desh Raj & Anr.’.
2. That vide judgment and decree, dated 02.09.2009, the learned First Appellate Court had allowed the appeal, preferred by the respondents and the judgment passed by the Court of learned Civil Judge (Senior Division), Kangra at Dharamshala, H.P. (hereinafter referred to as ‘the trial Court’), in Civil Suit No.120/2000, titled as, ‘Desh Raj & Anr. Vs. Vinod Kumar & Anr.’ was reversed whereby the suit filed by the plaintiffs was decreed and counter claim filed by the defendant was dismissed.
3. Vide judgment and decree, dated 02.09.2009, the learned First Appellate Court, while allowing the appeal, has dismissed the suit of the plaintiffs and decreed the Counter-Claim of the defendants.
4. Learned First Appellate Court decreed the counter claim of the present respondents by holding th
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A single appeal is maintainable against a composite decree involving both a suit and a counter-claim under the CPC.
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Counter claims in partition suits must be directed against the plaintiff; co-defendants cannot initiate claims solely against each other without notice, as all parties have interchangeable roles.
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