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august 2019

Supreme Court of India · 2019-08-19

Alpana Gupta vs Apg Towers Pvt. Ltd

Court
Supreme Court of India
Petitioner
Alpana Gupta
Respondent
Apg Towers Pvt. Ltd
Author
Abhay Manohar Sapre
Bench
R. Subhash Reddy, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court held that the defendants' application under Order 7 Rule 11 of the Code of Civil Procedure, 1908, seeking dismissal of the suit was improperly filed, as the objections should be raised in the written statement instead. The Court set aside the High Court's order allowing the amendment of the plaint and dismissed the defendants' applications, emphasizing that the proper course is for the defendants to file written statements and raise all relevant pleas therein. The appeals filed by the plaintiff were allowed, and the defendants' applications were dismissed.

Alpana Gupta vs Apg Towers Pvt. Ltd · Niyam