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december 2002

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.

Saleem Bhai And Ors vs State Of Maharashtra And Ors · Niyam