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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.

RISHABH CHAND JAIN vs GINESH CHANDRA JAIN · Niyam