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january 2004

Supreme Court of India · 2004-01-23

SOPAN SUKHDEV SABLE vs ASST. CHARITY COMMNR. .

Citation / case number
SC 2002/19130
Court
Supreme Court of India
Petitioner
SOPAN SUKHDEV SABLE
Respondent
ASST. CHARITY COMMNR. .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT DORAISWAMY RAJU

Judgment text excerpt

The Supreme Court held that the plaint filed by the appellants was rightly rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908, as it did not disclose a cause of action and the jurisdiction to decide the matter was exclusively with the District Court under Section 80 of the Bombay Public Trusts Act, 1950. The Court affirmed that civil courts lack jurisdiction in matters that are to be resolved by the authorities under the Act, thus upholding the decisions of the lower courts. The appeal was dismissed, confirming the rejection of the plaint.

SOPAN SUKHDEV SABLE vs ASST. CHARITY COMMNR. . · Niyam