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september 2013

Supreme Court of India · 2013-09-02

Govt. Of Kerala & Ors vs Sudhir Kumar Sharma & Ors

Citation / case number
AIRONLINE 2013 SC 38
Court
Supreme Court of India
Petitioner
Govt. Of Kerala & Ors
Respondent
Sudhir Kumar Sharma & Ors
Bench
Dipak Misra, Anil R. Dave

Judgment text excerpt

The Supreme Court upheld the High Court's decision affirming the Trial Court's rejection of applications for rejection of the plaint under Order VII Rule 11 of the CPC. The Court found that the respondent's failure to serve notice under Section 80 of the CPC was remedied by the subsequent payment of court fees and the presumption of leave granted for filing the suit. The Court held that there was no justifiable reason to reject the plaint, thus affirming the lower courts' decisions.

Govt. Of Kerala & Ors vs Sudhir Kumar Sharma & Ors · Niyam