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Supreme Court of India 2019-08-19 allowed

ALPANA GUPTA vs APG TOWERS PVT. LTD

Bench: 2 — Abhay Manohar Sapre, R. Subhash Reddy

In Brief

In a property dispute case, the defendants sought to dismiss the plaintiff's suit through an application under Order 7 Rule 11 of the Code of Civil Procedure. The Supreme Court held that pleas concerning facts and law should not be raised through Order 7 Rule 11 applications; instead, they must be raised in written statements. The Court set aside the High Court's conditional order and directed the Trial Court to proceed with the suit on merits, requiring the defendants to file written statements where all their pleas should be properly raised and adjudicated.

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Civil Procedure Pleadings Code of Civil Procedure, 1908

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