Supreme Court of India

Begum Sahiba Sultan v. Nawab Mohd. Mansur Ali Khan and Ors.

Neutral citation
Bench Tarun Chatterjee and P.K. Balasubramanyan JJ.
Decided 12 April 2007

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1 Supreme Court bench has cited this judgment.

What the Court ordered

We therefore affirm the order returning the plaint and dismiss this appeal. In the circumstances, we make no order as to costs.

Judgment, 13

From the headnote

Code of Civil Procedure, 1908; O. VII R.10; Ss. 16 and 20: Suit for partition-Property lay beyond jurisdiction of trial Court-Trial Court returning the plaint to plaintiff for filing in the Court of appropriate jurisdiction-Affirmed by the High Court- On appeal, Held: At the stage of consideration of the return of the plaint in terms of provisions under O. VII R. 10 CPC, the plaint and the averment therein must be looked into-It is also necessary to read the plaint in a meaningful manner to ascertain the real intention of the plaintiff-The suit in question is essentially for the relief of partition and declaration in respect of the properties situated in a village at Gurgaon, which is outside the jurisdiction of the High Court of Delhi.

Authorities it was built on

Where later benches applied it

Of those, 1 referred to

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