Supreme Court · 2017 INSC 160 · Decided 21 February 2017
Jayantilal Chimanlal Patel v. Vadilal Purushottamdas Patel
- Court
- Supreme Court of India
- Citation
- 2017 INSC 160 · [2017] 1 S.C.R. 829
- Case number
- CIVIL APPEAL No. 3056/2017
- Decided
- 21 February 2017
- Bench
- DIPAK MISRA, A.M. KHANWILKAR, MOHAN M. SHANTANAGOUDAR (3-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908 - Or. II, r. 2 - Suit to include the whole claim - Relinquishment of part of claim - Plea 11/0r. JI, r. 2 - Sustainability of - Held: Filing of the plaint of earlier suit and proving it as per lmv is imperative to sustain the plea of 01: II, r. at by the High Court that the suit instituted by the appellant was hit by Or. JI, r. 2, cannot be sustained, since there was no mention that the plaint in the earlier suit was proved Disposing of the appeals, the Court HELD: 1.1 Filing of the plaint of earlier suit and proving it as per law is
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