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.