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Unknown vs Honourable Sri Justice Ninala ... on 2 May, 2022 cites

Ganga Bai vs Vijay Kumar & Ors on 9 April, 1974

In Smt.Ganga Bai's case (referred 1 supra), the Hon'ble Supreme Court, while dealing with an issue, inter alia, with regard to basic distinction between the right of suit and the right of appeal held that "there is an inherent right in every person to bring a suit of a civil nature and unless the suit is barred by statute, one may, at one's peril, bring a suit of one's choice. It is no answer to a suit, howsoever frivolous the claim, that the law confers no such right to sue. A suit for its maintainability requires no authority of law and it is enough that no statute bars the suit. But the position in regard to appeals is quite the opposite. The right of appeal inheres in no one and therefore an appeal for its maintainability must have 6 2019(6) ALD 292 7 NJS,J CRP No.726 of 2022 the clear authority of Law. That explains why the right of appeal is described as a creature of statute."
Supreme Court of India Cites 6 - Cited by 396 - Y V Chandrachud - Full Document

Liverpool & London S.P. & I Asson. Ltd vs M.V. Sea Success I & Anr on 20 November, 2003

In Liverpool & London S.P. & I Association Limited v. M.V. Sea Success I3, the Hon'ble Apex Court held that whether a plaint discloses cause of action or not is essentially a question of fact. But whether it does or does not must be found out from reading the plaint itself. For the said purpose, the averments made in the plaint in its entirety must be held to be correct.
Supreme Court of India Cites 54 - Cited by 607 - S B Sinha - Full Document

Syed Hadi Ali Moosavi vs Syeda Taquia Moosavi on 25 July, 2019

In Syed hadi Ali Moosavi v. Syeda Taquia Moosavi and Others6, it was held that it is not the duty of the Court to examine at the stage of scrutiny as to whether the plaintiff has adduced sufficient documentary evidence in support of the relief claimed in the suit. At the stage of registration of the suit, the Court has to satisfy itself as to whether the plaint discloses cause of action and when there is semblance of the same, the Court should lean towards numbering the suit and decide the matter on merits, instead of rejecting at the threshold.
Telangana High Court Cites 7 - Cited by 5 - M S Rao - Full Document

Ahmed Nawaz Alladin vs M/S. Hyderabad Industries Limited on 7 January, 2022

In Ahmed Nawab Alladin v. Hyderabad Industries Limited7, it was held that the Courts would prefer rather than rejecting the plaint, which is almost a rarity, to adjudicate the suits on merits, than to discard them at the threshold and the Hon'ble Supreme Court has been taking consistently the view that only contents as a whole that need to be taken into account for determining existence of cause of action and jurisdiction.
Telangana High Court Cites 2 - Cited by 6 - A K Shavili - Full Document
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