IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 586 OF 2013
(Dr. NEELA GOKHALE, J.)
Mariano Fernandes … Petitioners
Versus
Tarkeshwar Gupta … Respondents
Civil Procedure Code, 1908 – Order VIII Rule 6C – A counter claim is to a cause of action and not to a specific property – Counterclaim to be set up in respect of a cause of action accruing to a Defendant against the Plaintiff either before or after filing of the suit, but before the Defendant has delivered his defence – impugend order quashed – Petition allowed
FACTS
The Respondent (Original Plaintiiff) filed suit of specific performance based on unregistered sale deed pertaining to suit property at Survey No. 168/2-A – The Petitioner (Original Defendant) filed Written Statement along with Counter Claim with respect to Survey No. 168/2 – The Civil Judge Senior Division by its Order dated 12.07.2023 allowed the application for exclusion of the Counter Claim filed by the Petitioners (Original Defendants).
Held
The Counter claim filed by the Petitioners to the Civil Suit No. 72/2020/A, is maintainable as it pertains to one chain of transactions which forms part and parcel of the cause of action to the suit
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WP 586 of 2013 Mariano Fernandes