Supreme Court of India
Govt. of Kerala & Ors. v. Sudhir Kumar Sharma & Ors.
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.
What the Court ordered
We hold that the trial court had wrongly rejected the applications filed by the G appellants under Order VII Rule 11 of the CPC. The trial court ought to have heard and decided the application filed under Section 80(2) of the CPC before hearing the applications under Order VII Rule 11 of the CPC.
Judgment, page 10
From the headnote
Code of Civil Procedure, 1908 - s. 80(2) and Or. VII r. 11 - Suit against Government - With application uls. 80(2) seeking leave of the court to file the suit without notice uls. 80(1)- Defendant's application u/Or. VII r.11 seeking rejection of plaint - Rejection of application u/Or. VII r. 11 without disposing of the application uls. 80(2) - Whether correct - Held: Rejection of application u/Or. VII r. 11 without deciding o the application u/s. 80(2) was not correct - Till a final order is passed granting application uls. 80(2), the irregularity in filing the suit continues - By mere filing
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