Supreme Court of India
Salim D. Agboatwala and Ors. v. Shamalji Oddhavji Thakkar and Ors.
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2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the considered view that the Trial Court as well as the High Court were clearly in error in reje cting the plaint under Order VII Rule 11(d).
Judgment, page 14
From the headnote
Code of Civil Procedure, 1908 – Or.VII, r.11(d) – Maharashtra Tenancy and Agricultural Lands Act, 1948 – ss.32G, 32 M, 85 and 85- – The plaintiffs’ case that one ‘ ’ died in the year 1 946 and thereafter a suit was filed by his heirs in the year 1947 – In the said suit, the High Court appointed a Receiver and he to ok over the possession and management of the properties – Certain sales through Agricultural Lands Tribunal and mutation in the reve nue records were effected thereafter without the knowledge and behind the back of the heirs – Thereafter, another suit was filed b y the persons
Authorities it was built on
Where later benches applied it
Of those, 1 relied on · 1 mentioned
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