Supreme Court of India
Indian Machinery Company v. M/s. Ansal Housing & Construction Ltd.
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 are of the opinion that the second complaint filed by the appellant was maintainable on the facts of this case.
Judgment, page 3
From the headnote
Consumer Protection Act, 1986: Whether second complaint to the District Forum under the Act is maintainable when the first complaint was dismissed for default or non-prosecution - it was held in R. Srinivasan case that the case not decided on merits and dismissed in default of non appearance of the complainant cannot be overlooked and therefore it would be permissible to file a second complaint explaining why the earlier complaint could not be pursued and was dismissed in default - There is no rule similar to Order IX r.9(1) - In view of decision rendered in R. Srinivasan case, second
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