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Supreme Court of India 2026-04-21 allowed

M/s. Marg Ltd vs Sushil Lalwani & Ors

Bench: 2 — Pamidighantam Sri Narasimha, Alok Aradhe

In Brief

A real estate company sold an IT building to investors through registered sale deeds, but later sued claiming a separate Memorandum of Agreement (MoA) obligated the buyers to pay an additional Rs.53 crores. The High Court rejected the suit at the threshold, holding the sale deeds were final and no enforceable claim survived. The Supreme Court reversed this decision, ruling that at the plaint-rejection stage, courts must accept the plaintiff's allegations as true and determine only if a right to sue exists—not whether the claim will ultimately succeed. The Court emphasized that dismissing suits based on merit requires giving plaintiffs a fair opportunity to cure defects in court-fee valuation, not summary rejection.

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Civil Procedure Plaint Rejection Cause of Action Injunction Real Estate Court Fees Valuation

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