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july 2016

Supreme Court of India · 2016-07-04

R K Roja vs U S Rayudu & Anr

Citation / case number
AIR 2016 SUPREME COURT 3282
Court
Supreme Court of India
Petitioner
R K Roja
Respondent
U S Rayudu & Anr
Bench
Rohinton Fali Nariman, Kurian Joseph

Judgment text excerpt

The Supreme Court held that an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 must be disposed of before proceeding with the trial, as established in Sopan Sukhdeo Sable v. Assistant Charity Commissioner. The Court emphasized that the trial court has a duty to consider such applications at any stage and cannot proceed with the trial if the plaint is liable to be rejected. The High Court's view that the application was not filed at the earliest opportunity was deemed incorrect, leading to the conclusion that the appellant should be allowed to file her written statement after the application is resolved.

R K Roja vs U S Rayudu & Anr · Niyam