Supreme Court of India
Jayantilal Chimanlal Patel v. Vadilal Purushottamdas Patel
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
In view of the aforesaid, the appeal relating to eviction is allowed and the judgment of the High Court in that regard is set aside and the matter is remitted to the High Court for reconsideration on merits.
Judgment, page 7
From the headnote
Code of Civil Procedure, 1908 - Or. II, r. 2 - Suit to include the whole claim - Relinquishment of part of claim - Plea 11/0r. JI, r. 2 - Sustainability of - Held: Filing of the plaint of earlier suit and proving it as per lmv is imperative to sustain the plea of 01: II, r. 2 - Conclusion arrived at by the High Court that the suit instituted by the appellant was hit by Or. JI, r. 2, cannot be sustained, since there was no mention that the plaint in the earlier suit was proved Disposing of the appeals, the Court HELD: 1.1 Filing of the plaint of earlier suit and proving it as per law is
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.