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Supreme Court of India

Madhav Prasad Aggarwal & Anr. v. Axis Bank Ltd. & Anr.

Neutral citation
Reported as [2019] 8 S.C.R. 1058
Bench A. M. Khanwilkar and Ajay Rastogi JJ.
Decided 1 July 2019

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.

4 Supreme Court benches have cited this judgment.

From the headnote

Code of Civil Procedure, 1908: Order 7 Rule 11(d) – Rejection of plaint – Relief of rejec tion of plaint, sought by one of the defendants – Permissibil ity – Held: In exercise of powers u/Or. 7 r. 11(d) the plaint has to b e rejected as a whole or not at all – Such relief cannot be pursued only in respect of one of the defendants – In the present case rejec tion of plaint only qua respondent No. 1 by the High Court in exercise of pow ers u/Or. 7 r. 11(d) was replete with jurisdictional error. Allowing the appeals, the Court HELD : 1. The plaint can and must be rejected in exerci se of powers

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 3 referred to

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