Search Results Page

Search Results

1 - 4 of 4 (1.36 seconds)
Documents citing Astral Cables Limited vs The National Small Industries on 11 March, 2011

N.A.Chinnasamy vs S.Vellingirinathan on 9 October, 2013

In Astral Cables Limited v. The National Small Industries Corporation Limited & another, reported in 2011-2-LW 332, another Division Bench of this Court (R.Banumathi & M.M.Sundresh, JJ), has held that while considering rejection of the plaint under Order 7 Rule11 CPC, the strength or weakness of the plaintiff's case is not to be seen and what is required to be disclosed by the plaintiff is a clear right to sue. While considering the application, the Court is not required to take into consideration the defence set up by the defendant in his written statement. Whether the plaint discloses any cause of action is to be decided by looking at the plaint averments and not the defence set up in the written statement.
Madras High Court Cites 27 - Cited by 32 - S Tamilvanan - Full Document

K.Raj vs M.Murugesan on 27 August, 2021

3. The learned counsel for the Petitioner has submitted that the court below has failed to appreciate the scope of Order 14 Rule 2 and Order 7 Rule 11 of CPC and that when the Respondents question the valuation of the suit property and payment of court fee, a duty is cast upon it under Section 12(2) of the Tamil Nadu Court Fees and Suits Valuation Act and that the court below erred in allowing the application without assigning proper reasons, when the averments of the Respondents are not supported by valid documents and hence, the impugned order is not sustainable. The learned counsel would rely on the decisions reported in 2012 5 LW 197 Division Bench (S.N.S.Sukumaran Vs. C.Thangamuthu), 2013 2 LW 115 (M/s.Capital Film Works (India) Limited Vs. Thiagarajan Kumararaja), 2011 2 LW 332 (Astral Cables Limited Vs. The National Small Industries Corporation Limited), 2006 4 LW 896 (Ramesh B.Desai and others Vs. Bipin Vadilal Mehta and others), 2007 2 CTC 803 (M.Aswath Vs Jeeja Baby and others) and 2002 2 CTC 513 (V.R.Gopalakrishnan Vs. Andiammal).
Madras High Court Cites 9 - Cited by 0 - A A Nakkiran - Full Document
1