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july 1988

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.

COMMERClAL AVIATION & TRAVEL COMPANY & ORS. vs VIMAL PANNALAL · Niyam