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AIR 2003 SUPREME COURT 759 ::2003 AIR SCW 174
Supreme Court Of India
(From : Madhya Pradesh)
Hon'ble Judge(s): S. S. M. Quadri, Arijit Pasayat , JJ

Civil P.C. (5 of 1908) , O.7 R.11— Rejection of plaint - Application for - Can be decided by Court on basis of averments made in plaint - Filing of written statement by contesting defendant - Not necessary - Therefore, direction to file written statement by trial Court without deciding application under O. 7, R. 11 - Cannot but be procedural irregularity touching exercise of jurisdiction by trial Court. C.R. No. 256 of 2002, D/- 7-5-2002 (Madh. Pra.), Reversed. (Para 9 10)

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