Supreme Court of India · 2016-04-13
RISHABH CHAND JAIN vs GINESH CHANDRA JAIN
- Citation / case number
- SC 2013/38354
- Court
- Supreme Court of India
- Petitioner
- RISHABH CHAND JAIN
- Respondent
- GINESH CHANDRA JAIN
- Author
- KURIAN
- Bench
- ROHINTON FALI NARIMAN KURIAN JOSEPH
Judgment text excerpt
The Supreme Court held that the dismissal of a suit on the grounds of Res Judicata and lack of cause of action without framing issues is improper under Section 115 of the Civil Procedure Code, 1908. The Court emphasized that issues must be framed and tried before a suit can be dismissed, thereby ruling that the High Court's view was correct. Consequently, the appeal was allowed, and the matter was remanded for further proceedings in accordance with the law.