INDUMATI SAHU Vs. SECRETARY, ROTARY CLUB, PURI

JUDGEMENT

(1.) The seminal question that hinges for consideration of this Court is as to whether a defendant can set up a counter claim against a co-defendant ?

(2.) Opposite party no.2 as plaintiff instituted C.S No.71 of 2008 in the court of the learned Civil Judge (Junior Division), Puri for permanent injunction impleading the opposite party no.1 as defendant. The petitioner filed an application under Order 1, Rule 10 Civil Procedure Code for impleadment. The same having been rejected by the learned trial court, she approached this Court in WP(C) No.27298 of 2013. This Court allowed the petition, where after she has been impleaded as defendant no.2. She filed a written statement-cum-counter claim praying for the following reliefs;

(3.) Learned trial court came to hold that the counter claim of defendant no.2 is directed only against defendant no.1 and not against the plaintiff. Defendant no.2 has claimed for reliefs against defendant no.1. Therefore, the counter claim directed against the code fendant is not maintainable. Relying upon the decision of the apex Court in the case of Rohit Singh and others Vs. State of Bihar (Now State of Jharkhand) and others, (2006) 12 SCC 734, learned trial court rejected the counter claim; but then accepted the written statement filed by defendant no.2.