Supreme Court · 2004 INSC 274 · Decided 16 April 2004
B.S. Adityan and ORS. v. B. Ramachandran Adityan and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 274 · [2004] SUPP. 1 S.C.R. 216
- Case number
- CIVIL APPEAL No. 12915/1996
- Decided
- 16 April 2004
- Bench
- S. RAJENDRA BABU, DORAISWAMY RAJU (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 92, 104(l)(ffa); Constitution Article 136
Headnote
Code of Civil Procedure, 1908 : Section 92-Suit under-Leave to institute-Grant of-Notice to C defendants-:--Necessity of-Held: As a rule of caution Court should normally give notice to the defendants before granting leave but it is not bound to do so. Section 104{J)(ffa)-Leave to institute filed against order refusing to grant leave to file a suit under S. 92 CPC. Constitution of India, 1950: Article 136--:-Leave to file suit under S: 92 CPC granted-Interference E with-Held: Not warranted because the order made underS. 92 CPC would not determine the rights of the parties, but only
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