AIR 1996 SUPREME COURT 2222 ::1996 AIR SCW 2722 ::(1996) 2 RRR 623 ::(1996) 2 Orissa LR 48 ::1996 (2) UJ (SC) 167 ::(1996) 3 CivLJ 341 ::(1996) 2 CivilCourtC 521 ::1996 (4) SCC 699 ::1996 (114) Pun LR 308 ::1996 (2) CurCC 423 ::1996 ( ) All CJ 1101 ::(1996) 2 APLJ 61 ::(1996) 2 IJR 652 (SC) ::1996 (2) IJR 652 ::1996 (3) ICC 264 ::(1996) 2 CTC 681 (SC) ::1996 (2) LJR 34 ::(1997) 1 Raj LW 131 ::(1996) 3 Pun LR 308 ::(1996) 2 SCJ 502 ::1996 (2) CTC 681 ::(1996) 5 JT 428 (SC) ::1996 (5) JT 428

Supreme Court Of India

(From : Punjab and Haryana)

Hon'ble Judge(s): K. Ramaswamy, G. B. Patnaik , JJ

Civil P.C. (5 of 1908) , O.8 R.6C— Counterclaim - Suit for injunction - Counter-claim for injunction in respect of same or different property - Maintainable. In a suit for injunction, counter-claim for injunction in respect of the same or a different property is maintainable. A defendant can claim any right by way of a counter-claim in respect of any cause of action that has accrued to him even though it is independent of the cause of action averred by the plaintiff and have the same cause of action adjudicated without relegating the defendant of file a separate suit. In sub-rule (1) of Rule 6A, the language is so couched with words of wide width as to enable the parties to bring his own independent cause of action in respect of any claim that would be the subject matter of an independent suit. Thereby, it is no longer confined to money claim or to cause of action on the same nature as original action of the plaintiff. It need not relate to or be connected with the original cause of action or matter pleaded by the plaintiff. The words "any right or claim in respect of a cause of action accruing with the defendant" would show that the cause of action from which the counter-claim arises need not necessarily arise from or have any nexus with the cause of action of the plaintiff.(Para 5) .....