Supreme Court of India allows composite appeals for suit and counterclaim

The Supreme Court of India has ruled that a composite appeal can be filed against a single common judgment that adjudicates both a suit and a counterclaim. The Court noted that there are no restrictive provisions in the Code of Civil Procedure (CPC) that mandate separate appeals in such instances.

To maintain a composite appeal, the appellant must satisfy specific requirements: they must clearly state separate grounds for the decree in the suit and the decree in the counterclaim, regardless of whether one or two decrees are drawn up. Additionally, the appeal must be valued as two separate appeals, with the appropriate court fees paid accordingly.

The decision aims to avoid procedural complexities and the multiplicity of litigation. In the specific case reviewed, the Court directed the restoration of the first appeal and permitted the appellant to file a fresh memorandum with the necessary separate grounds and fees.