Supreme Court of India

Rajni Rani v Khairati Lal

Civil Appeal No. 6862 of 201420141 min read
The case in brief30-second read
Facts
The trial court dismissed the defendants' counter-claim as barred by O.II R.2 CPC. The High Court set that order aside in exercise of its power of superintendence.
Issue
Whether an order dismissing a counter-claim can be set aside in revision under S.115 or under Article 227, or must be challenged in appeal.
Held
A counter-claim is in the nature of a cross-suit (O.VIII R.6A(2)). Its dismissal left nothing for the defendants and finally decided their rights, so the order had the status of a decree. It could be challenged only in appeal. The High Court's order was set aside, with liberty to appeal.
Principle
An order dismissing a counter-claim is a decree, and the remedy is an appeal.
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Facts

  • The trial court dismissed the defendants' counter-claim as barred by O.II R.2 CPC. The High Court set that order aside in exercise of its power of superintendence.

Issue

  1. Whether an order dismissing a counter-claim can be set aside in revision under S.115 or under Article 227, or must be challenged in appeal.

Held

  • A counter-claim is in the nature of a cross-suit (O.VIII R.6A(2)). Its dismissal left nothing for the defendants and finally decided their rights, so the order had the status of a decree. It could be challenged only in appeal. The High Court's order was set aside, with liberty to appeal.

Ratio decidendi

Where an order finally adjudicates the rights claimed in a counter-claim, it assumes the status of a decree under S.2(2) whether or not a formal decree is drawn up, and the remedy is an appeal, not revision or Article 227.

Exam use

How to use it in an answer

  • Counter-claim as cross-suit: Cite for the consequences of R.6A(2).
  • Decree and appeal: Also useful under S.2(2) (definition of decree).
  • Note: Indian Kanoon lists no reporter citation for this judgment; cite by name, date and appeal number.

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Citation

Rajni Rani v Khairati Lal Civil Appeal No. 6862 of 2014

Reported: https://indiankanoon.org/doc/111397219/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.