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.