Introduction
In a recent ruling clarifying the scope of counterclaims under
civil procedure, the Supreme Court in Sanjay Tiwari v. Yugal
Kishore Prasad Sao & Ors.1 held that a counterclaim
cannot be directed against a co-defendant in a suit. The Court
emphasized that under Order VIII Rule 6A of the Code of
Civil Procedure, 1908, such claims are maintainable only
against the plaintiff. The decision highlights judicial consistency
in limiting counterclaims to disputes directly arising between the
plaintiff and defendant, preventing procedural misuse in
multi-party property disputes.
Background of the Case
The dispute originated from a suit for specific performance
filed by Sanjay Tiwari (the plaintiff), seeking enforcement of an
alleged oral agreement for sale of 0.93 acres of land. According to
the plaintiff, on December 2, 2002, the first defendant agreed to
sell the land to him, and the entire sale consideration was paid
the next day through three demand
