Supreme Court of India
Basudev v. Sanjay Kumar
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What the Court ordered
We are of the opinion that this would ensure avoidance of procedural rigmarole as also multiplicity of litigations.
Judgment, page 22
In brief
The plaintiffs sued for a declaration of a half share in the property and an injunction against interference; the defendants raised a counterclaim asserting ownership of the entire property. The Trial Court decreed the suit and dismissed the counterclaim, drawing up only a single decree. The defendants filed one appeal, in which the First Appellate Court dismissed the suit and allowed the counterclaim. In second appeal the High Court, following Ramesh Chand v. Om Raj, held that the single appeal was incompetent because separate appeals ought to have been filed against the decree in the suit and the decree on the counterclaim, and that the plaintiffs' success stood protected by waiver, estoppel and res judicata.
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