Supreme Court · 2017 INSC 366 · Decided 19 April 2017
Madanuri Sri Rama Chandra Murthy v. Syed Jalal
- Court
- Supreme Court of India
- Citation
- 2017 INSC 366 · [2017] 5 S.C.R. 294
- Case number
- CIVIL APPEAL No. 5368/2017
- Decided
- 19 April 2017
- Bench
- R.K. AGRAWAL, MOHAN M. SHANTANAGOUDAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908: Or. VII, r.11 - Rejection of plaint - Held: The power u/Or. VII, r.11 can be exercised by the Court at any stage of the suit - The relevant facts which need to be looked into for deciding the application are the averments of the plaint only - If on reading of the plaint, it is found that the suit is manifestly vexatious and merit/ess in the sense of not disclosing any right to sue, the court should exercise power u/Or. VII r.11 - The said power however have to be strictly adhered to -. The averments of the plaint have to be read as a
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)