NDLI: Satyender and Ors. Vs. Saroj and Ors

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Civil Procedure 1908
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Code of Civil Procedure, 1908: Or. VIII, r. 6A – Counter Claim – Plaintiffs (respondents) filed suit for declaration and possession on agricultural land claiming that defendant No. 2 was their tenant who had sub-let the land to his son (defendant No.1), without the consent of the plaintiffs and hence, liable to be evicted – Defendant No.2 filing a separate written statement denied that they were ever tenant of the plaintiffs – A counter claim was also set up by defendant No. 2 claiming that in addition to the Khasra and Killa numbers given in the plaint, he was also in possession of two other Killa nos. i.e., 6//18 and 23 – Trial Court dismissed the suit but allowed the counter-claim – First appeal of plaintiff was also dismissed – High Court partly allowed the second appeal of the plaintiffs by allowing the claim of the plaintiffs on two plots i.e., 21//3/2 and 7//13 for the reason that the claim on these plots by plaintiffs went uncontested – High Court also held that the counter claims set up by the defendant could not be decreed since the plaintiffs themselves had not set up any claim whatsoever for these two plots, and therefore under provisions of Or.VIII, r. 6A, an independent counter claim having nothing to do with the plaintiffs can never be allowed – Defendants filed instant appeal – Held: The finding of the High Court regarding two Killa Nos. 21//3/2 and 7//13 was erroneous as merely because the defendant did not raise a counter claim on this property it would not ipso facto mean that a decree ought to have been granted in favour of the plaintiffs – The burden of proof was on the plaintiffs to prove their case, which they failed – The finding of High Court regarding the counter claim of the defendants on Killa Nos. 6//18 and 23 is correct and is based on right interpretation of Or.VIII, Rule 6A of CPC as plaintiffs never raised any claim on Killa No. 6//18 or Killa No. 23 – Counter claim can be set up only “against the claim of the plaintiffs” – Since there was no claim of the plaintiffs regarding Killa No. 6//8 and 23, the defendants were barred to raise any counter claim on these Killa numbers in view of Or.VIII, r. 6A of the CPC as it has nothing to do with the plaintiffs – Judgment and order passed by the High Court to the extent that it has decreed the claim of the plaintiffs on Killa Nos. 21//3/2 and 7//13 is set aside.Code of Civil Procedure, 1908: s. 100 – In the State of Haryana, a court in second appeal is not required to formulate a substantial question of law, as what is applicable in Haryana is s. 41 of the Punjab Courts Act, 1918 and not s. 100 of CPC – Punjab Courts Act, 1918 – s. 41.
Judge	Hon'ble Mr. Justice Sudhanshu Dhulia
Neutral Citation	2022 INSC 839
Petitioner	Satyender And Ors.
Respondent	Saroj And Ors
SCR	[2022] 13 S.C.R. 342
Judgement Date	2022-08-17
Case Number	4833

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Satyender and Ors. Vs. Saroj and Ors

Please Log-in to view this content

Ashutosh Vs. State of Rajasthan and Ors.

Chadat Singh Vs. Bahadur Rama and Ors.

Solomon Selvaraj & Ors. Vs. Indirani Bhagawan Singh & Ors.

Rajender Singh Vs. Ramdhar Singh and Ors.

T. Vijendradas and Anr. Vs. M. Subramanian and Ors.

Vidyodaya Trust and Ors. Vs. Mr. Mohan Prasad R and Ors.

C.a. Sulaiman and Ors. Vs. State Bank of Travancore, Alwayee and Ors.

M/s. Wyawahare & Sons and Ors. Vs. Madhukar Raghunath Bhave

The Deputy Director Land Acquisition Vs. Malla Atchinaidu and Ors.

Satyender and Ors. Vs. Saroj and Ors

Satyender and Ors. Vs. Saroj and Ors

Please Log-in to view this content

Similar Documents

Ashutosh Vs. State of Rajasthan and Ors.

Chadat Singh Vs. Bahadur Rama and Ors.

Solomon Selvaraj & Ors. Vs. Indirani Bhagawan Singh & Ors.

Rajender Singh Vs. Ramdhar Singh and Ors.

T. Vijendradas and Anr. Vs. M. Subramanian and Ors.

Vidyodaya Trust and Ors. Vs. Mr. Mohan Prasad R and Ors.

C.a. Sulaiman and Ors. Vs. State Bank of Travancore, Alwayee and Ors.

M/s. Wyawahare & Sons and Ors. Vs. Madhukar Raghunath Bhave

The Deputy Director Land Acquisition Vs. Malla Atchinaidu and Ors.

Satyender and Ors. Vs. Saroj and Ors