Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA
Karunakar Panda – Appellant
Versus
Nityananda Panda – Respondent
| Table of Content |
|---|
| 1. introduction of the case and parties involved. (Para 1 , 2) |
| 2. opposition to the counter claim by defendant no.2. (Para 3) |
| 3. lower court's dismissal of cma no.40/2018. (Para 4 , 5 , 6) |
| 4. hearing of both parties in court. (Para 8) |
| 5. legal principles regarding counter claims. (Para 9 , 11) |
| 6. core question of law. (Para 10) |
| 7. propositions of law on partition suits. (Para 12 , 14) |
| 8. status of parties in partition suits. (Para 13) |
| 9. notice requirements for counter claims. (Para 15 , 16) |
| 10. duties of the trial court. (Para 17 , 19) |
| 11. conclusion regarding the appeal. (Para 20) |
| 12. final order of dismissal. (Para 21 , 22) |
JUDGMENT :
ANANDA CHANDRA BEHERA, J.
1. This Civil Miscellaneous Petition under Article 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned Judgment dated 24.02.2021 passed in F.A.O No.99/2018 arising out of CMA No.40/2018 in connection with the counterclaim in the suit vide C.S. No.61 of 2014 by the learned District Judge, Bhadrak.
2. The factual backgrounds of this Civil Misc. Petition, which prompted the petitioner for filing the same is that, the Opp. Party No.1 in this CMP i.e.Nityananda Panda being
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.
A counterclaim in a partition suit must be against the plaintiff; failing to notify co-defendants constitutes a violation of natural justice, rendering any ex parte decree unsustainable.
A counter claim must relate to the plaintiff's claims; dissimilarity in cause of action renders it non-maintainable.
A defendant cannot file a counterclaim against a co-defendant under the CPC, as the provisions only allow counterclaims against the plaintiff.
Counter claims must be against plaintiffs and not co-defendants; prior partitions cannot be reopened based solely on alleged inequities.
Counter-claim by defendant – Though normal rule is that subsequent to filing of written statement, counter-claim cannot be filed after issues have been framed, under exceptional circumstances, counte....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
