Topic

Counter Claim CPC

2 articlesLatest May 2026
Order 8 Rule 6A CPC | Counter-Claim for Partition Must Include All Joint Properties by Metes and Bounds : MP HC Jabalpur
Case Law Analysis
|Madhya Pradesh High Court

Order 8 Rule 6A CPC | Counter-Claim for Partition Must Include All Joint Properties by Metes and Bounds : MP HC Jabalpur

MP High Court rules that a counter-claim for partition under Order 8 Rule 6A CPC cannot be restricted to the suit property alone-it must encompass all jointly owned properties by metes and bounds, as piecemeal partition is legally impermissible. The ruling clarifies that defendants can expand the scope of partition claims beyond the plaint, reinforcing the principle of comprehensive adjudication in property disputes.

Order 8 Rule 6A CPC | Counter-Claim Must Have Independent Territorial Jurisdiction Over Property Location : MP HC Gwalior
Case Law Analysis
|Madhya Pradesh High Court

Order 8 Rule 6A CPC | Counter-Claim Must Have Independent Territorial Jurisdiction Over Property Location : MP HC Gwalior

MP High Court rules that a counter-claim under Order 8 Rule 6A CPC cannot piggyback on the plaintiff's suit jurisdiction. The court must independently have territorial jurisdiction over the property involved in the counter-claim, or the claim will be rejected. This sets a strict jurisdictional test for defendants seeking partition or title declarations in counter-claims.