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september 2013

Supreme Court of India · 2013-09-02

GOVT. OF KERALA vs SUDHIR KUMAR SHARMA .

Citation / case number
SC 2005/6750
Court
Supreme Court of India
Petitioner
GOVT. OF KERALA
Respondent
SUDHIR KUMAR SHARMA .
Author
ANIL R. DAVE
Bench
DIPAK MISRA ANIL R. DAVE

Judgment text excerpt

The Supreme Court upheld the decisions of the lower courts, affirming that the rejection of the appellants' applications for the dismissal of the plaint was justified. The Court noted that the respondent had filed a civil suit for damages without serving prior notice under Section 80 of the Civil Procedure Code, 1908, but the High Court found no justifiable reason to reject the plaint. The Court held that the presumption of granting leave to file the suit without notice was valid, thus maintaining the lower courts' rulings.

GOVT. OF KERALA vs SUDHIR KUMAR SHARMA . · Niyam