Supreme Court of India · 1997-12-19
I.T.C. LTD, CALCUTTA vs THE DEBTS RECOVERY APP.TRIBUNAL
- Citation / case number
- SC 1997/18368
- Court
- Supreme Court of India
- Petitioner
- I.T.C. LTD, CALCUTTA
- Respondent
- THE DEBTS RECOVERY APP.TRIBUNAL
- Author
- M. JAGANNADHA RAO. SUHAS C. SEN
- Bench
- M. JAGANNADHA RAO. SUHAS C. SEN
Judgment text excerpt
The Supreme Court upheld the dismissal of the appellant's Writ Appeal against the Karnataka High Court's decision, affirming that the Debt Recovery Tribunal correctly determined that the plaint disclosed a valid cause of action under Order 7 Rule 11 of the Code of Civil Procedure. The Court emphasized that the merits of the case, including the appellant's liability, should be evaluated at trial rather than at the preliminary stage. Consequently, the appeal was dismissed, reinforcing the principle that a cause of action must be assessed based solely on the plaint's contents at this stage.