Reggie Lama v. Tara Subba and Anr.
Case brief
What is this about?
Reggie Lama v Tara Subba & Anr., CO/70/2025, High Court at Calcutta (Circuit Bench at Jalpaiguri, Appellate Side), Debangsu Basak J., judgment dated November 18, 2025. Revision against Order No. 57 dated 27-02-2025 of the Civil Judge (Senior Division), Darjeeling, in Title Suit No. 41 of 2019, rejecting the plaintiff's Order VIII Rule 6C CPC 1908 application to exclude Opposite Party No. 1's counter-claim asserting title to the property. Counter-claimant's later Title Suit No. 3 of 2025 before the Principal District Judge, Gangtok (petitioner as defendant No. 5; 11 defendants including one proforma) shares one relief with the counter-claim. Held: no case to relegate the counter-claimant to an independent suit; no material irregularity warranting interference under Article 227; revision disposed of without costs, interim order vacated.
What did the court decide?
Under Order VIII Rule 6C, the plaintiff seeking exclusion of a counter-claim must satisfy two conditions: the claim raised ought to be disposed of in an independent suit rather than by way of counter-claim, and the application must be made before the issues to the suit are settled in relation to the counter-claim.