Supreme Court · 2007 INSC 411 · Decided 12 April 2007
Begum Sahiba Sultan v. Nawab MOHD. Mansur Ali Khan and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 411 · [2007] 5 S.C.R. 36
- Case number
- CIVIL APPEAL No. 1921/2007
- Decided
- 12 April 2007
- Bench
- TARUN CHATTERJEE, P.K. BALASUBRAMANYAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution Article 136
Headnote
Code of Civil Procedure, 1908; 0. Vii R.10; Ss. 16 and 20: ~ c Suit for partition-Property lay beyond jurisdiction of trial Court- Trial Court returning the plaint to plaintiff for filing in the Court of appropriate jurisdiction-Affirmed by the High Court- On appeal, Held: At the stage of VII R. I 0 CPC, the plaint and the averment therein must be looked into-It is also necessary to read the plaint in a meaning/ii/ manner to D ascertain the real intention of the plaintiff-The suit in question is essentially for the relief of partition and declaration in respect of the properties
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