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august 1987

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.

SMT. NANDITA BOSE vs RATANLAL NAHATA · Niyam