A counter-claim is really a suit, though the same is taken in the written statement. Just as a suit is filed by the plaintiff, defendant seeks a relief against the plaintiff on a cause of action which he has against the plaintiff. It is an independent cause of action which could also be agitated in a separate suit. It is to avoid multiplicity of proceedings that the defendant is given liberty to file a counter-claim and get adjudication............."
"29. If the counter-claim is treated as a suit, and the same is disposed of by a common judgment, and if one of the judgments is not appealed against, the principle of res judicata has to be applied.
After considering the above judicial pronouncements and the principles laid down therein, there is no escape from the conclusion that a counter-claim filed in a suit has to be tried as a cross suit with all legal implications and consequences and the order passed in such a counter claim has to be appealed separately in accordance with law and procedure. In the present case, admittedly, no separate appeal was filed by the plaintiff-respondent against the decree of the counter-claim of the defendants which attained finality thereby and the said fact was potent enough to attract the bar of res judicata.
IN THE HIGH COURT OF PATNA
Second Appeal No. 274 of 2002
Decided On: 24.07.2017
Kishori Devi and Ors. Vs. Rameshwar Prasad
Hon'ble Judges/Coram:
Vijayendra Nath, J.
Citation: AIR 2017 Patna 187
