Supreme Court · 1987 INSC 198 · Decided 4 August 1987

SMT. Nandita Bose v. Ratanlal Nahata

Court
Supreme Court of India
Citation
1987 INSC 198 · [1987] 3 S.C.R. 792
Case number
CIVIL APPEAL No. 1544/1987
Decided
4 August 1987
Bench
E.S. VENKATARAMIAH, K.N. SINGH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 15

Headnote

-i Code of Civil Procedure, 1908-R. 10, 0. 7-Power to return plaint • at any stage of suit for presentation to the proper Court cannot be exercised at the preliminary stage by prejudging an issue arising in the suit. c Upon the respondent-tenant committing default In payment of rent from January, 1985 and calling upon him lo deliver possession of the premises in question, filed a suit in D the High Court for recovery of possession, arrears of rent at the rate of Rs.1,400 per month and mesne profits/damages at the rate of Rs. 7 ,800 per month from the date of termination of the

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