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.