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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G. S. Ahluwalia
Divakar Rao – Appellant
Versus
Sateesh (Deleted) Through Lrs Smt Snehalata Daungra @ Vandna Daungre – Respondent
ORDER :
G. S. Ahluwalia, J.
This Second Appeal under Section 100 of CPC has been filed against the judgment and decree dated 20.02.2008 passed IV Additional District Judge, Gwalior in Regular Civil Appeal No. 49A/2006 by which appeal filed by appellant has been dismissed.
2. The facts necessary for disposal of the present appeal, in short, are that plaintiff filed civil suit for declaration of title and permanent injunction thereby challenging the registered partition deed (Ex.P/1) on the ground that father of appellant was not in a fit state of mind to participate in the partition proceedings. A counter claim was filed by defendant No.6/ Smt. Aruna Govind Dongre and it was prayed that possession of property marked in blue lines in a map attached to the counter claim be given to the respondent No.6.
3. Trial Court after framing the issue and recording evidence dismissed the suit filed by appellant and decreed the counter claim.
4. Being aggrieved by judgment and decree passed by Trial Court, appellant preferred a civil appeal i.e. under Section 96 of CPC and by impugned judgment and decree, appeal filed by appellant was dismissed.
5. Challenging the judgment and decree passed by Cour
A single appeal cannot contest both a suit and counterclaim; separate appeals are required to challenge each decree’s validity.
A single appeal is maintainable against a composite decree involving both a suit and a counter-claim under the CPC.
A counterclaim should be treated as an independent suit and governed by the procedural rules applicable to plaints. The judgment and decree in the counterclaim are distinct from those in the suit, an....
(1) Counter-claim would be treated as an independent plaint and would be governed by procedural Rules applicable to plaints.(2) For filing of appeal against dismissal of a counter-claim, there has to....
The main legal point established in the judgment is the requirement for recording reasons when dismissing an appeal, the jurisdictional value for the purpose of jurisdiction, and the maintainability ....
Single appeal challenging trial court's decree in suit and dismissal of counter-claim held not maintainable; separate appeals required as counter-claim is cross-suit. First appellate judgment set asi....
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.
The valuation of the original suit determines the jurisdiction for appeals, irrespective of the counter claim's valuation, as per the provisions of the C.P.C.
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