Supreme Court of India

Harshad Chiman Lal Modi v. D.L.F. Universal Ltd. and Anr.

Neutral citation
Reported as [2005] SUPP. 5 S.C.R. 740
Bench Arijit Pasaya T and C.K. Thakker JJ.
Decided 14 December 2005

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

For the foregoing reasons, the application deserves to be dismissed and is accordingly dismissed, however, with no order as to costs.

Judgment, page 6

From the headnote

Code of Civil Procedure, 1908: S.16 read with Order Vil. Rule 10-Suitfor possession of immovable property-Return of plaint for presentation to proper court-Effect on the proceedings carried on in the suit meanwhile-Plea that the trial court may be directed to take up the suit from the stage at which it stood transferred­ Held, cannot be allowed, since the court while deciding the appeal arising out of the order of return of the plaint, did not grant the prayer-It is not a case of transfer of a suit but lack of jurisdiction of the Court. Appellant filed a suit in the Delhi High Court, inter

Where later benches applied it

Of those, 2 relied on

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