Supreme Court · 2012 INSC 293 · Decided 20 July 2012

Bhau Ram v. Janak Singh & ORS.

Court
Supreme Court of India
Citation
2012 INSC 293 · [2012] 6 S.C.R. 1018
Case number
CIVIL APPEAL No. 5343/2012
Decided
20 July 2012
Bench
P. SATHASIVAM, RANJAN GOGOI (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 151

Headnote

CODE OF CIVIL PROCEDURE, 1908: c 0. 7, r. 11 rlw s. 151 - Application for rejection of plaint - Held: While considering an application under 0. 7, r. 11, the court has to examine the averments· in the plaint; and the pleas taken by the defendant in the written statement would be irrelevant of the appellate court remitting the matter to trial court for consideration of all the issues. In respect of the suit land, the application of the tenant for proprietary rights uls 11 of the Himachal Pradesh Abolition of Big Landed Estates and Land E Reforms Act, 1953, was ultimately allowed

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