Supreme Court of India
The Correspondence, Rbanms Educational Institution v. B. Gunashekar & Another
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What the Court ordered
We hold that the attempt of the plaintiffs to disclose the cause of action through clever drafting, based solely on an agreement to sell, must fail, as such disclosure cannot be restricted to mere statement of facts but must disclose a legal right to sue. 15.2.
Judgment, page 25
From the headnote
Issue for Consideration Issue arose as regards the correctness of the order passed by the High Court and the trial court rejecting the application filed by the appellant u/Ord.VII r.11(a) and (d) CPC for the rejection of plaint. Headnotes† Code of Civil Procedure, 1908 – Ord.VII r.11 – Rejection of plaint – Appellant Institute in possession of suit property since 1905 – Respondents filed suit seeking permanent injunction restraining appellant from creating any third-party interest over the property based on an alleged agreement to sell executed by respondents with a third party – Respondents
Authorities it was built on
- 1977 T. Arivandandam v. T. V. Satyapal & Another
- 2008 Anathula Sudhakar v. P. Buchi Reddy (dead) by Lrs. & Ors.
- 2011 Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana & Anr.
- 1976 Narandas Karsondas v. S. A. Kamtam & Anr.
- 2020 Dahiben v. Arvindbhai Kalyanji Bhanusali (gajra) (d) Thr Lrs & Ors.
- 1999 D.ramachandran v. R.V. Janakiraman and Ors.
- 2004 Rambhau Namdeo Gajre v. Narayan Bapuji Dhotra (dead) through Lrs.
- 2018 Ameer Minhaj v. Dierdre Elizabeth (wright) Issar and Ors.
- 2015 P.V. Guru Raj Reddy Rep. by Gpa Laxmi Narayan Reddy & Anr. v. P. Neeradha Reddy & Ors. Etc.
- 1996 K. Basavarajappa v. Tax Recovery Commissioner, Bangalore and Others
- 2020 Punjab National Bank & Ors. v. Atmanand Singh & Ors.
- 1994 Premji Ratansey Shah and Ors v. Union of India and Ors.
- 2006 Om Prakash Srivastava v. Union of India and Anr.
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