Supreme Court of India · 1990-01-30
SMT. PATASIBAI & ORS. vs RATANLAL
- Citation / case number
- SC 1990/77032
- Court
- Supreme Court of India
- Petitioner
- SMT. PATASIBAI & ORS.
- Respondent
- RATANLAL
- Author
- JAGDISH SARAN VERMA
- Bench
- JAGDISH SARAN VERMA
Judgment text excerpt
The Supreme Court held that a suit is not maintainable if the plaint does not disclose a cause of action that gives rise to a triable issue, as per Order 7 Rule 11 of the Code of Civil Procedure. The Court emphasized that the mere issuance of summons by the Trial Court does not necessitate proceeding with the trial in the absence of a triable issue. The appeal was allowed, and the suit was dismissed for lack of maintainability.