Courts Supreme Court
Supreme Court frames question on whether two appeals needed against single judgment
The case concerns whether a single appeal is sufficient to challenge a common judgment that decides both a suit and a counterclaim, or if two separate appeals are required against the resulting decrees.
Who it concerns: Appellants: Basudev & Ors.; Respondents: Sanjay Kumar & Ors.; Bench: Justice K. Vinod Chandran.
What the court decided
- The Court granted leave to appeal.
- The Court framed the question of whether two appeals are required from two decrees drawn up from a single judgment disposing of a suit and counterclaim.
- The Court noted the High Court's finding that the single appeal was incompetent and rejected based on res-judicata.
- The Court reviewed conflicting High Court decisions and Supreme Court precedents (including Narhari v. Shanker, Charan Singh v. Ram Saroop, and Rajni Rani v. Khairati Lal) regarding the maintainability of a single appeal.
- The Court expressed agreement with the interpretation of Rules 6A to 6D of Order VIII of the CPC as declared in Rajni Rani, which facilitates a common judgment on both claims.
Also in the document
- The judgment is marked as 'Reportable'.
- The Court noted a 'cleavage of opinion' among High Courts on whether two appeals are required.
- The Court observed that the scheme of a counterclaim is to avoid multiplicity and piecemeal adjudication.
How this was written
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The original document
Supreme Court of India — orders & judgments
Court order · 12 Aug 2026
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