Supreme Court of India · 1988-07-13
COMMERClAL AVIATION & TRAVEL COMPANY & ORS. vs VIMAL PANNALAL
- Citation / case number
- SC 1988/70768
- Court
- Supreme Court of India
- Petitioner
- COMMERClAL AVIATION & TRAVEL COMPANY & ORS.
- Respondent
- VIMAL PANNALAL
- Author
- M.M. DUTT
- Bench
- M.M. DUTT
Judgment text excerpt
The Supreme Court held that under Order VII Rule 11(b) of the Civil Procedure Code, a plaint can only be rejected if the court finds that the relief claimed is undervalued. The Court clarified that in suits for accounts, the plaintiff has the discretion to value the suit, and the court cannot interfere unless there is an objective standard for valuation. The appeal was dismissed, affirming the lower court's decision that the valuation was not arbitrary and that the plaintiff's valuation must be accepted tentatively.