Supreme Court of India · 2023-10-31
Kum. Geetha, D/O Late Krishna vs Nanjundaswamy
- Court
- Supreme Court of India
- Petitioner
- Kum. Geetha, D/O Late Krishna
- Respondent
- Nanjundaswamy
- Author
- A.S. Bopanna
- Bench
- Sudhanshu Dhulia, Pamidighantam Sri Narasimha, A.S. Bopanna
Judgment text excerpt
The Supreme Court examined the proper application of Order VII Rule 11 of the Civil Procedure Code regarding the rejection of plaints. The Court found that the High Court had misapplied the principles governing the rejection of plaints and had erroneously rejected the plaint in part. The Court clarified the correct legal approach and held that the rejection in part was unlawful. Consequently, the appeal was allowed, and the order of rejection was set aside.