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july 2005

Supreme Court of India · 2005-07-11

N.V.Srinivasa Murthy And Others vs Mariyamma (Dead) By Proposed Lrs And ...

Court
Supreme Court of India
Petitioner
N.V.Srinivasa Murthy And Others
Respondent
Mariyamma (Dead) By Proposed Lrs And ...
Bench
D. M. Dharmadhikari, B. N. Srikrishna

Judgment text excerpt

The Supreme Court held that the rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure was justified as the suit was clearly barred by law. The Court found that the plaint was cleverly drafted to circumvent limitations and court fees, and that the cause of action arose only on 25.3.1987, which was beyond the permissible period. The Court upheld the High Court's decision to reverse the first appellate court's order, affirming the trial court's ruling.

N.V.Srinivasa Murthy And Others vs Mariyamma (Dead) By Proposed Lrs And ... · Niyam