Supreme Court of India · 2005-10-27
Sudhir G. Angur And Ors vs M. Sanjeev And Ors
- Citation / case number
- AIR 2006 SUPREME COURT 351
- Court
- Supreme Court of India
- Petitioner
- Sudhir G. Angur And Ors
- Respondent
- M. Sanjeev And Ors
- Author
- S. N. Variava
- Bench
- S.N. Variava, Ar. Lakshmanan, S.H. Kapadia
Judgment text excerpt
The Supreme Court upheld the Karnataka High Court's decision regarding the maintainability of a suit under Section 92 of the Code of Civil Procedure, 1908, despite the Appellants' claim that the Mysore Religious and Charitable Institutions Act, 1927 barred the suit under Section 40. The Court noted that the Mysore Act had been repealed in 2003, rendering the Appellants' argument moot, as any rejection of the Plaint would only lead to its resubmission to the same court without limitation issues. The Court emphasized that the Mysore Act was a complete code, but the trial court's dismissal of the Appellants' application was justified as the matter could still be adjudicated under the CPC.