Supreme Court · 1996 INSC 1152 · Decided 7 October 1996
Joginder Tuli v. S.L. Bhatia and ANR.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 1152 · [1996] SUPP. 7 S.C.R. 221
- Case number
- CIVIL APPEAL No. 13235/1996
- Decided
- 7 October 1996
- Bench
- K. RAMASWAMY, G.B. PATTANAIK (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
B Rent and Eviction: Landlord Terminating the tenancy-Suit for possession-Landlord sub­ sequently filing application to amend the plaint to recover damages for use C and occupation-Suit being beyond pecuniary jurisdiction of trial court, it returned the plaint for presentation to proper it was returned-Tenant's plea for counter- claint-Court fee on counter claim not paid-Held, normally when plaint is returned for presentation to proper court it has to start from the beginning, but in this case since the evidence was D already adduced, High Court was right in directing to
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