Supreme Court of India
Kum. Geetha, D/o Late Krishna & Ors. v. Nanjundaswamy & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above referred principle, we have no hesitation in holding that the High Court committed an error in rejecting the plaint in part with respect to Schedule-A property and permitting the Plaintiff s to prosecute 163 the case only with respect to Schedule-B property.
Judgment, page 10
From the headnote
Issue for consideration: Correct application of the principle underlying the rejection of plaints u/Or.VII, r.11, Code of Civil Procedure, 1908, to the facts of the case and the legality of rejection of a plaint in part. Code of Civil Procedure, 1908 – Or.VII, r.11 – Rejection of Plaints – Principle underlying – Application of – Plaintiff s and the Defendants no.1-3 were members of a joint family owning properties mentioned in Schedule and of the plaint – Plaintiff s fi led plaint for partition and separate possession – Defendants’ application for rejection of the plaint u/Or.VII, r.11, CPC was
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Where later benches applied it
Of those, 1 mentioned
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