IMPORTANT POINT
A single appeal is maintainable against a composite decree involving both a suit and a counter-claim under the CPC.

JUDGMENT :

Anil Kshetarpal, J.

Brief Facts of the Case:-

1.1 A concise yet noteworthy issue has arisen for examination before this Court. The question is noted below:-

“If the trial Court passes a composite judgment and decree while deciding both the suit and the counter-claim, whether one appeal or two separate appeals are required to be filed?”

1.2. The learned counsel representing the parties are ad idem that the same issue is involved in all these connected six appeals. With the consent of the learned counsel representing the parties, these connected regular second appeals filed against the judgment and decree passed by the First Appellate Court shall be disposed of by this common order.

1.3. Before this Court proceeds to examine the question involved in the present case, the relevant facts, in brief, are required to be narrated from the lead case i.e RSA No.581 of 2021, in order to comprehend the controversy involved in the present case.

1.4. The respondent i.e the plaintiff-Sham Sunder filed a suit for permanent injunction as well as mandatory injunction restraining the appellant (defendant) from demolishing any part of plot No.234, Model Town, Hansi and also for declaration that the notice dated 15.05.2017 sent by the appellant is illegal, null and void. The appellant while filing the written statement claimed that the respondent was allotted 232 sq. yards plot, whereas, he has constructed over plot measuring 255.33 sq. yards by encroaching upon the excess land. The Appellant Trust issued a notice to the respondent to remove the construction from the excess land i.e. encroached area. While filing the written statement, the appellant filed counter claim to seek relief of possession by removal of encroachment.

1.5. The trial Court decreed the suit, whereas dismissed the counterclaim by passing a composite judgment and decree dated 30.03.2019, which was the subject matter of challenge in Civil Appeal No.46 of 2019, filed by the appellant. The First Appellate Court has dismissed the appeal on the ground that two separate appeals were required to be filed whereas only one has been filed and also held that the judgment passed while dismissing the counter-claim shall be deemed to have become final and hence it operates as res judicata.

2. Arguments put forth by the learned counsel representing the parties:-

2.1. Learned Senior counsel representing the appellant while relying upon the judgments passed in ‘Surat Singh @ Surta and others vs. Ram Mehar (died) through Lrs and others’ [2019(1) PLR 363, the Division Bench judgment of the Kerala High Court in ‘Cholapilakkal Abdul Nazeer vs. Kuttanparambath K. Lakshmana Das’, 2016(3) ILR (Karala) 864 and ‘Ranjan Sood Vs. Om Prakash, 2019(2) RCR (Civil) 761 submits that in case of a composite decree, a single appeal is maintainable.

2.2 Per contra, the learned counsel representing the respondents relies upon the judgments in ‘Rajni Rani and another vs. Khairati Lal and others’, Civil Appeal No. 6862 of 2014, decided on 14.10.2014 and ‘Harbans Singh and others vs. Sant Hari Singh and others’,: 2009(2) SCC 526 and ‘Samay Singh vs. Mona Yadav and another, RSA No. 1759 of 2019, decided on 12.04.2019, and submits that the First Appellate Court has correctly dismissed the first appeal. He contends that the appellants were required to file two separate appeals.

2.3. This Court has considered the submissions made by the learned counsel representing the parties.

3. Discussion by this Court:-

3.1 To understand the concept of filing appeals with respect to the procedural law, it is significant to take note of various important provisions of CPC, as these provisions will provide better comprehension. The various provisions are discussed hereunder:-

3.2 Section 96 of the Code of the Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) expressly provides that an appeal shall lie from every decree passed by the Court of original jurisdiction.

Section 96 “(1) Save where otherwise expressly provided in the body of