Supreme Court · 2004 INSC 56 · Decided 23 January 2004
Sopan Sukhdeo Sable and ORS. v. Assistant Charity Commissioner and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 56 · [2004] 1 S.C.R. 1004
- Case number
- CIVIL APPEAL No. 448/2004
- Decided
- 23 January 2004
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Specific Relief Act Section 6
Headnote
Code of Civil Procedure, 1908: " < c Order VII Rule I /-Rejection of Plaint-Plaintiff filed suit/or declaration thal they were lenanls under the defenda111s-Triai court dismissed suit as no cause of action was disclosed and also the suil was barred by an existing /aw-High Court affirmed be read to ascertain its true imp.ort-Re/ieft do not constitute ' cause of action but constitute entitlement, if anjJ--Suit remanded to /rial courl D for fresh adjudication. Order VI Rule 2(1)-"Materia/ facts" and "Parliculars"-Dijference be1wee11-Explained. + ~ Specific Relief
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