RAMAKANT THAKUR Vs. SATYA NARAIN CHOUDHARY

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) A learned Judge of this Court has referred this revision petition before a Division Bench for disposal. The question which arose for his consideration was whether a counter claim under Order 8, Rule 6A of the Code of Civil Procedure could be raised by the defendant in a suit involving a claim other than a money claim. A Division Bench of this Court in the case of Jaswant Singh vs. Smt. Darshan Kaur (AI.R. 1983 Patna 132 : 1983 PLJR 285) took the view that a defendant could raise a counter claim under Order 8, Rule 6 -A only in suit involving money claim, and not in any other type of suit it was brought to his notice that in the case of Pathrose Samual and another vs. Karumban Parareswaran (ALA. 1988 Kerala 163), a Single Bench of the Kerala High Court has taken the same view, but in the case of Mahindra Kumar and others vs. State of Andhra Predesh (AI.R. 1987 S.C. 1395) although the question was not directly in issue, a counter claim under Order 8 Rule 6 -A of the Code of Civil Procedure was allowed in a suit for declaration of title. The learned Judge therefore, referred the matter to a Division Bench as he considered the question to be of some significance.

(3.) COUNSEL for the parties agree that the question is no more res integra as it is covered by the binding precedents of the Hon'ble Supreme Court reported in (1996)1 Supreme Court Cases 770 (Gurbachan Singh vs. Shag Singh and others) and (1996)4 Supreme Court Cases 699 (Jag Mohan Chawla and another vs. Dera Radha Swami Satsang and others). It has now been held that a counter claim under Rule 6 of Order 8 can be pleaded even in a suit other than suit involving a money claim.