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march 2013

Supreme Court of India · 2013-03-18

Shantilal Gulabchand Mutha vs Tata Engineerng & Locomotive ...

Citation / case number
AIRONLINE 2013 SC 341
Court
Supreme Court of India
Petitioner
Shantilal Gulabchand Mutha
Respondent
Tata Engineerng & Locomotive ...
Bench
Fakkir Mohamed Ibrahim Kalifulla, B.S. Chauhan

Judgment text excerpt

The Supreme Court held that the High Court's decree under Order VIII Rule 10 of the CPC was improper as it failed to consider the necessity of proving facts when there are disputed questions of fact in the plaint. The Court emphasized that a judgment must be a self-contained document reflecting the reasoning and factual controversies involved. The appeal against the High Court's dismissal of the appellant's motion to set aside the ex parte decree was allowed, establishing that courts must exercise caution in such proceedings and ensure that no factual disputes remain unaddressed.

Shantilal Gulabchand Mutha vs Tata Engineerng & Locomotive ... · Niyam