Supreme Court of India · 2002-12-17
Saleem Bhai And Ors vs State Of Maharashtra And Ors
- Citation / case number
- AIR 2003 SUPREME COURT 759
- Court
- Supreme Court of India
- Petitioner
- Saleem Bhai And Ors
- Respondent
- State Of Maharashtra And Ors
- Bench
- Syed Shah Mohammed Quadri, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the High Court's order directing the appellant to file a written statement without first addressing the application for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 was improper. The Court emphasized that the merits of the application should have been considered before proceeding with the suit. Consequently, the appeals were allowed, and the High Court's order was set aside, directing the trial court to first decide the application under Order VII Rule 11 CPC.