SANJAY TIWARI v. YUGAL SAO
Supreme Court of IndiaC.A. NO. 013563-013563 - 2025Bench: Justice K. Vinod Chandran, Justice N. V. Anjaria Justice K. Vinod Chandran, Justice N.V. Anjaria
The Supreme Court allowed the appeal and set aside the counter-claim by defendants 2 and 3, holding that under Order VIII Rule 6A CPC a counter-claim must be directed against the plaintiff and cannot lie against a co-defendant; the decisive ground was that the claim for specific performance of the very same land was not only time-barred—having been raised in 2006 long after the cause of action of 02.12.2002—but also lacked the essential averments of readiness and willingness to perform and payment of balance consideration, and the pleading was irreconcilably contradictory, initially asserting an agreement for 50 decimals, then for the entire 0.93 acres, while simultaneously admitting the plaintiff’s father had already contracted for 43 decimals.