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march 2022

Supreme Court of India · 2022-03-14

Sri Biswanath Banik vs Sulanga Bose

Court
Supreme Court of India
Petitioner
Sri Biswanath Banik
Respondent
Sulanga Bose
Author
M.R. Shah
Bench
B.V. Nagarathna, M.R. Shah

Judgment text excerpt

The Supreme Court overturned the High Court's decision that quashed the trial court's order refusing to reject the plaint under Order VII Rule 11 of the CPC. The court held that the suit was not barred by limitation and that a declaration under Section 53A of the Transfer of Property Act could be maintained against the actual owner. The judgment emphasizes the importance of considering the merits of the case rather than dismissing it on technical grounds.

Sri Biswanath Banik vs Sulanga Bose · Niyam