Supreme Court of India · 1964-11-20
RAMKARANDAS RADHAVALLABH vs BHAGWANDAS DWARKADAS
- Citation / case number
- SC 1964/90461
- Court
- Supreme Court of India
- Petitioner
- RAMKARANDAS RADHAVALLABH
- Respondent
- BHAGWANDAS DWARKADAS
- Bench
- SARKAR, A.K.
Judgment text excerpt
The Supreme Court held that Rule 8 of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, which applies Order 37 of the Code of Civil Procedure, is not ultra vires. The Court clarified that inherent powers under Section 151 CPC cannot be invoked if a specific provision, such as Rule 4 of Order 37, governs the situation. The Court also stated that a decree can only be passed if the plaint discloses a cause of action, and the court must exercise discretion based on admitted facts, thus upholding the appellate court's decision to set aside the decree.