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july 2009

Supreme Court of India · 2009-07-14

M. CHELLAPPAN vs A.MEERAN PILLAI(DEAD) THROUGH LRS.

Citation / case number
SC 1998/20258
Court
Supreme Court of India
Petitioner
M. CHELLAPPAN
Respondent
A.MEERAN PILLAI(DEAD) THROUGH LRS.

Judgment text excerpt

The Supreme Court held that the High Court erred in dismissing the suit as barred by limitation without framing a substantial question of law regarding limitation at the time of admission or during the hearing. The Court emphasized that the absence of such a question meant the High Court was not justified in its ruling. Consequently, the appeal was allowed, the impugned order was set aside, and the case was remanded to the High Court for disposal on merits after framing the necessary questions of law.

M. CHELLAPPAN vs A.MEERAN PILLAI(DEAD) THROUGH LRS. · Niyam