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.