Supreme Court of India · 1987-08-04
SMT. NANDITA BOSE vs RATANLAL NAHATA
- Citation / case number
- SC 1987/71044
- Court
- Supreme Court of India
- Petitioner
- SMT. NANDITA BOSE
- Respondent
- RATANLAL NAHATA
- Author
- E.S. VENKATARAMIAH
- Bench
- E.S. VENKATARAMIAH
Judgment text excerpt
The Supreme Court held that the High Court erred in returning the plaint for presentation to the proper Court without allowing the trial to determine the appellant's claim for mesne profits under the Code of Civil Procedure, 1908, specifically Rule 10 of Order 7. The Court emphasized that the valuation of a suit is determined by the reliefs claimed and that the jurisdiction of civil courts is well-settled under Section 15 CPC. The appeal was allowed, directing the High Court to proceed with the hearing of the suit.