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august 2017

Supreme Court of India · 2017-08-21

Sejal Glass Ltd. vs Navilan Merchants Pvt. Ltd. And Ors

Citation / case number
AIR 2017 SUPREME COURT 4477
Court
Supreme Court of India
Petitioner
Sejal Glass Ltd.
Respondent
Navilan Merchants Pvt. Ltd. And Ors
Author
R.F. Nariman
Bench
Sanjay Kishan Kaul, Rohinton Fali Nariman

Judgment text excerpt

The Supreme Court held that under Order VII Rule 11 of the Code of Civil Procedure, 1908, a plaint can only be rejected as a whole and not in part. The Court found that the impugned judgment, which bifurcated the plaint and allowed the suit to continue against one defendant while dismissing it against others, was incorrect. The Court emphasized that a plaint must disclose a cause of action in its entirety for rejection under this provision, thereby overturning the lower court's decision.

Sejal Glass Ltd. vs Navilan Merchants Pvt. Ltd. And Ors · Niyam