Order 8 Rule 6A CPC | Counterclaim Can Be Filed Only Against Plaintiff, Not Against Co-Defendant : Supreme Court Reiterates

The Supreme Court reiterated that a counterclaim can't be filed by a defendant against co-defendants. The Court clarified that a counterclaim can only be filed against the plaintiff on a cause of action incidental or connected with the cause of action on which the plaintiff's suit was filed.

"a counter claim though can be based on different cause of action than that are put forth in the suit, it should be one incidental or connected with that cause of action and it has necessarily to be directed against the plaintiff and cannot be directed against the co-defendant.", observed a bench of Justices K Vinod Chandran and NV Anjaria while setting aside the Jharkhand High Court's decision which allowed the filing of a counter claim by a defendant against the co-defendant.

The High Court's reasoning that the counterclaim would avoid multiplicity of proceedings was rejected by the Supreme Court, noting that it is impermissible under Order VIII CPC to file a counterclaim against the co-defendant.

The case originated from a suit for specific performance filed by the Appellant against defendant Yugal Kishore Prasad Sao, concerning 0.93 acres of land. Appellant claimed an oral agreement dated December 2, 2002, with full consideration paid through demand drafts, and asserted possession of the property where he had built a boundary wall.

During proceedings, two additional defendants were impleaded after the original defendant claimed they possessed part of the suit property. These newly added defendants then filed a counter-claim against the original defendant, seeking specific performance for the entire property.

A judgment authored by Justice Chandran, referring to Rohit Singh & Ors. v. State of Bihar, (2006) 12 SCC 734 observed that the counterclaim against the co-defendant cannot survive and the same has to be rejected.

The Court said that the impleadment of the additional defendants only saved the suit from the defect of non-impleadment of a necessary party; otherwise, the counterclaim filed by them against the co-defendant couldn't survive.

Accordingly, the appeal was allowed.

Cause Title: SANJAY TIWARI vs. YUGAL KISHORE PRASAD SAO & ORS

Citation : 2025 LiveLaw (SC) 1097

Click here to download judgment

Appearance:

For Petitioner(s) Mr. Shikhil Suri, Sr. Adv. Mr. Ram Lal Roy, AOR

For Respondent(s) Mr. Narender Hooda, Sr. Adv. Mr. Yuvraj Nandal, Adv. Mr. Shiv Bhatnagar, Adv. Ms. Pallvi Hooda, Adv. Ms. Kavya Manuja, Adv. Ms. Tannu, Adv. Dr. Surender Singh Hooda, AOR Mr. Sriram Parakkat, Adv. Mr. Sriram P., AOR Mr. Neha Kumari, Adv. Ms. Maneesha Sunil Kumar, Adv. Mr. Bajinder Singh, Adv.

Related- Order VIII Rule 6-A CPC | Defendant Can't File Counter-Claim Against Co-Defendant: Supreme Court