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

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)