Supreme Court of India
Ratul Mahanta v. Nirmalendu Saha
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What the Court ordered
In view of the above, it is clear that the High Cour t without taking note of these aspects of the matter has wrongly inv oked the provisions contained in Order VII Rule 11 (d) of the Civil Pr ocedure Code to reject the plaint, when in the instant facts there is neither express nor implied bar under any law.
Judgment, page 16
From the headnote
Municipal Corporation: Guwahati Municipal Corporation Act, 1971: ss. 341, 246, 247 and 248 – Bar of jurisdiction of civil court – Issue rel ating to a common drain between two private individuals residing within the limits of the Municipal Corporation – Held: Is not an issue regarding which a specific bar is contemplated against approaching t he civil court for relief – ss. 246, 247 and 248 though refe rred to the ownership and the manner in which the drains connec ted to municipal drain are to be used and the Commissioner is give n the authority to compel the owner of a drain to permit
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