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january 1990

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.

SMT. PATASIBAI & ORS. vs RATANLAL · Niyam