Delay in Litigation - The Legal Chamber

This Supreme Court judgment clarifies that a counter-claim under Order VIII Rule 6A of the CPC must be filed against the plaintiff, not solely against a co-defendant. Furthermore, while no specific time limit is prescribed, a counter-claim cannot be permitted after the framing of issues in the suit, as it defeats the purpose of speedy justice and procedural efficiency. Facts Of The Case: The appellant, Rajul Manoj Shah, filed a suit in 2012 concerning a bungalow she jointly owned with her sister-in-law (defendant no.1). She sought a declaration that her sister-in-law had no right to transfer the property and to nullify an Agreement to Sell dated 21.10.2011 executed in favor of respondent no.1, Kiranbhai Patel (defendant no.2). After the sister-in-law passed away in ...

The Supreme Court, overturning a High Court order, ruled that restoring a demolished lake to its original state was not feasible given the passage of time and the establishment of a public park. The Court balanced environmental conservation with public welfare, emphasizing that the public trust doctrine must consider practical realities. It directed the Municipal Corporation of Greater Mumbai (MCGM) to maintain the park, explore alternative water bodies, and restore other deteriorated water bodies. Facts Of The Case: The Municipal Corporation of Greater Mumbai (MCGM) undertook a redevelopment project on a plot (CTS No. 417) at Khajuria Tank Road, Kandivali (West), Mumbai, for a theme park. This project allegedly led to the obliteration of a lake that had existed at the premises for app...

Tag: Delay in Litigation

Balancing Ecology & Development : Supreme Court’s Verdict on Mumbai’s Khajuria Lake Case