Supreme Court · 2022 INSC 300 · Decided 14 March 2022
Sri Biswanath Banik & ANR. v. SMT. Sulanga Bose & ORS.
- Court
- Supreme Court of India
- Citation
- 2022 INSC 300 · [2022] 3 S.C.R. 302
- Case number
- CIVIL APPEAL No. 1848/2022
- Decided
- 14 March 2022
- Bench
- M.R. SHAH, B.V. NAGARATHNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Transfer of Property Act Section 53A
Headnote
Code of Civil Procedure, 1908: Or.VII r.11 - Rejection of plaint - Suit of declaration and permanent injunction - Defendants seeking rejection of plaint on the ground that the suit is barred by limitation and that the suit for a of TPA would not be maintainable - Trial court refused to reject plaint under Or.VII r.11 - However, on revision, High Court allowed Or.VII r.11 application - On appeal, held: Rejection of a plaint under Or.VII r.11(d) by reading only few lines and passages and ignoring the
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