Supreme Court · 2019 INSC 707 · Decided 1 July 2019
Madhav Prasad Aggarwal & ANR. v. Axis Bank LTD. & ANR.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 707 · [2019] 8 S.C.R. 1058
- Case number
- CIVIL APPEAL No. 5126/2019
- Decided
- 1 July 2019
- Bench
- A.M. KHANWILKAR, AJAY RASTOGI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 7
Headnote
Code of Civil Procedure, 1908: Order 7 Rule 11(d) - Rejection of plaint - Relief of rejection of plaint, sought by one of the defendants - Permissibility - Held: In exercise of powers u/Or. 7 r. 11(d) the plaint has to be rejected as a whole or not at all - be pursued only in respect of one of the defendants - In the present case rejection of plaint only qua respondent No. 1 by the High Court in exercise of powers u/Or. 7 r. 11(d) was replete with jurisdictional error. Allowing the appeals, the Court HELD : 1. The plaint can and must be
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