Supreme Court · 2017 INSC 1257 · Decided 24 January 2017
V. Rajendran and ANR. v. Annasamy Pandlan (D) THR. LRS. Karthyayanl Natchiar
- Court
- Supreme Court of India
- Citation
- 2017 INSC 1257 · [2017] 2 S.C.R. 508
- Case number
- CIVIL APPEAL No. 861/2017
- Decided
- 24 January 2017
- Bench
- DIPAK MISRA, R. BANUMATHI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 80
Headnote
Code of Civil Procedure, 1908 - 0. XXJII, r. I (3){a) - Withdrawal of suit - On ground of 'formal defect" in suit - Appellants filed suit for permanent injunction describing suit property with a defective survey number - Thereafter, during trial, appellant filed r. J (3) for withdrmval of the suit - Propriety of - Held: Defect in the survey number of the suit property goes to the very core of the subject matter of the suit and entire proceedings would be fruitless if the decree holder is not able to get the decree executed successfi1lly and thus, the said
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