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october 2005

Supreme Court of India · 2005-10-27

SUDHIR G. ANGUR vs M. SANJEEV .

Citation / case number
SC 2001/19598
Court
Supreme Court of India
Petitioner
SUDHIR G. ANGUR
Respondent
M. SANJEEV .
Author
S. N. VARIAVA
Bench
S.N. VARIAVA,DR. 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' argument that the Mysore Religious and Charitable Institutions Act, 1927 barred the suit under Section 40. The Court clarified that the Mysore Act was repelled in 2003, and thus, even if the application for rejection of the plaint was to be allowed, it would only lead to a return of the plaint to the same court, making the rejection an idle formality. The Court ultimately dismissed the appeal, affirming the High Court's ruling on the matter.

SUDHIR G. ANGUR vs M. SANJEEV . · Niyam