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november 2023

Supreme Court of India · 2023-11-30

ELDECO HOUSING AND INDUSTRIES LIMITED vs ASHOK VIDYARTHI

Citation / case number
SC 2021/27218
Court
Supreme Court of India
Petitioner
ELDECO HOUSING AND INDUSTRIES LIMITED
Respondent
ASHOK VIDYARTHI
Author
HON'BLE MR. JUSTICE VIKRAM NATH
Bench
HON'BLE MR. JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE VIKRAM NATH

Judgment text excerpt

The Supreme Court examined the validity of a dismissal under Order VII Rule 11(d) of the Civil Procedure Code, which allows courts to dismiss suits that are barred by law or without sufficient cause. The case involved a dispute over a property sale, where the appellant sought an injunction to prevent the respondent from alienating the property pending resolution of litigation. The High Court dismissed the suit, and the Supreme Court upheld this decision, emphasizing the importance of procedural compliance and the scope of Order VII Rule 11(d). The Court affirmed that the dismissal was justified as the suit was barred by law or lacked sufficient grounds, reinforcing procedural safeguards in civil litigation.

ELDECO HOUSING AND INDUSTRIES LIMITED vs ASHOK VIDYARTHI · Niyam