Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | rll — Rejection of Plaint 1908 - O.VI Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908 - O.VI, rll — Rejection of Plaint — Dismissal of suit - Civil suit filed by respondents — Application of appellant u/O.VIL, v.11 rejected — Appellant seeking dismissal of suit at the threshold, stating crucial facts were suppressed in plaint — Held: On an application filed u/ O.VIL"11,C.P.C, the Civil court can only see the pleadings in the plaint and not anything else including written statement — Rejection of plaint on institutional grounds is different from dismissal of a suit at pre-trial stage on the ground of maintainability — For dismissal on a preliminary issue, the Court is entitled and liable to look into entire documents including those furnished by the defendant — Appeal dismissed, however appellant permitted to raise a preliminary issue on the maintainability of the suit before the trial court. Dhulabhai and Others v. The State of Madhya Pradesh and Anr. (1968) 3 SCR 662 — referred to. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2016 INSC 915 |
Petitioner | The Central Provident Fund Commissioner, New Delhi And Ors. |
Respondent | Lala J.r. Education Society And Ors. |
SCR | [2016] 5 S.C.R. 406 |
Judgement Date | 2016-09-26 |
Case Number | 9840 |
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