Supreme Court · 2005 INSC 135 · Decided 11 March 2005

Vithalbhai PVT. LTD. v. Union of India

Court
Supreme Court of India
Citation
2005 INSC 135 · [2005] 2 S.C.R. 680
Case number
CIVIL APPEAL No. 2390/2002
Decided
11 March 2005
Bench
R.C. LAHOTI, G.P. MATHUR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

PVT. LTD. ~ v. UNION OF INDIA MARCH 11, 2005 B [R.C. LAHOTI, CJ. AND G.P. MATHUR, J.] Code of Civil Procedure, 1908: c Premature suit-Power of Courts to entertain-Held: The power is discretionary-Court can entertain the premature suit if on the date of filing of written statement or passing of to proceed ahead then he cannot be permitted to raise such a plea belatedly as that D would cause hardship, may be irreparable prejudice, to the plaintiff because of lapse of time. Plaintiff-lessor gave on lease an immovable property to the defendant for a fixed term expiring on 24.6.1984.

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