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february 1993

Supreme Court of India · 1993-02-03

RSDV FINANCE vs VALLABH GLASS WORKS

Citation / case number
SC 1993/67760
Court
Supreme Court of India
Petitioner
RSDV FINANCE
Respondent
VALLABH GLASS WORKS
Author
N.M. KASLIWAL
Bench
N.M. KASLIWAL

Judgment text excerpt

The Supreme Court held that the Bombay High Court erred in dismissing the suit based on jurisdictional objections related to the endorsement 'Subject to Anand jurisdiction' on the deposit receipt. The Court clarified that under Section 21(1) of the Code of Civil Procedure, objections regarding the place of suing must be raised at the earliest opportunity, and since there was no failure of justice, the suit should not have been dismissed. The Court decreed the suit in favor of the plaintiff, emphasizing that the cause of action arose in Bombay and the jurisdiction of the High Court was valid.

RSDV FINANCE vs VALLABH GLASS WORKS · Niyam