Supreme Court · 2005 INSC 615 · Decided 14 December 2005
Harshad Chiman Lal Modi v. D.L.F. Universal LTD. and ANR.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 615 · [2005] SUPP. 5 S.C.R. 740
- Case number
- CIVIL APPEAL No. 2726/2000
- Decided
- 14 December 2005
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Case type
- Civil
- Acts & sections cited
- CPC Section 16
Headnote
Code of Civil Procedure, 1908: S.16 read with Order Vil. Rule 10-Suitfor possession of immovable C property-Return of plaint for presentation to proper court-Effect on the proceedings carried on in the suit meanwhile-Plea that the trial court may be directed to take up the suit from the stage at the appeal arising out of the order of return of the plaint, did not grant the prayer-It is not D a case of transfer of a suit but lack of jurisdiction of the Court. Appellant filed a suit in the Delhi High Court, inter alia, for specific performance of contract and recovery of possession
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