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september 2001

Supreme Court of India · 2001-09-19

Union Of India vs Suresh J. Thanawala & Ors

Citation / case number
2001 AIR SCW 4079
Court
Supreme Court of India
Petitioner
Union Of India
Respondent
Suresh J. Thanawala & Ors
Author
S. N. Variava
Bench
K.T. Thomas, S.N. Variava

Judgment text excerpt

The Supreme Court held that the rejection of the Plaint under Order VII Rule 11(d) of the Code of Civil Procedure was improper as it dismissed the suit based on limitation without allowing the plaintiffs to amend their pleadings. The Court emphasized that the provisions of Section 20 of the Maharashtra Land Revenue Code apply to the suit, but the plaintiffs should be given an opportunity to amend their plaint. The Court set aside the impugned order and restored the suit to the High Court for further proceedings, allowing amendments within two weeks.

Union Of India vs Suresh J. Thanawala & Ors · Niyam