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.