Supreme Court · 2013 INSC 683 · Decided 7 October 2013
Ongc LTD. v. M/S. Modern Construction and CO.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 683 · [2013] 10 S.C.R. 466
- Case number
- CIVIL APPEAL No. 8957/2013
- Decided
- 7 October 2013
- Bench
- B.S. CHAUHAN, S.A. BOBDE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 24; Limitation Act Section 14
Headnote
Code of Ci~i/ Procedure, 1908- Or. VII r.10- Suit returned - To be presented before court of competent jurisdiction - The C suit before court of competent jurisdiction decreed directing the defendant to pay interest on decretal amount from the date of filing of the suit - Payment of interest from suit before the court of competent jurisdiction - Claim of interest by decree-holder from the date of the suit filed D before the court, not having jurisdiction - Held: Once the plaint was returned under Order VII r.10 and presented before the court of competent jurisdiction, subsequent suit was a
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