COMMUNIDADE OF PIRLA Vs. GOVERNMENT OF GOA

JUDGEMENT

(1.) Heard.

(2.) This First Appeal is filed by defendant no.7 in Regular Civil Suit No.8/1984. There is no dispute that the suit filed by the plaintiffs was dismissed for default. The said suit was filed, inter alia, against Government of Goa. Daman and Diu, being defendant no.l in the said suit. In the said suit, the defendant no.7 raised a counter claim against the Government of Goa and the said counter claim came to be dismissed. The present appeal has been filed against the dismissal of the said counter claim. In Rohit Singh & Ors. Vs. State of Bihar (now State of Jharkhand) & Ors., 2006 12 SCC 734, the Apex Court has stated that a counter claim directed solely against the co-defendants cannot be maintained. The Apex Court has further stated that by filing the counter claim, the litigation cannot be converted into some sort of interpleader suit. The Apex Court stated in para 21 as follows :

(3.) In the light of the above pronouncement of law by the Apex Court, the counter claim filed by defendant no.7 i.e. the appellant herein was clearly not maintainable and, therefore, ought to have been dismissed by the Court below.