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Case Name : P. Suresh Vs D. Kalaivani & Ors. (Supreme Court of India)
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P. Suresh Vs D. Kalaivani & Ors. (Supreme Court of India) Article 227 Cannot Be Used to Strike Off Plaint When CPC Remedy Exists — SC Restores Suit The Supreme Court of India has emphatically held that High Courts cannot invoke supervisory jurisdiction under Article 227 of the Constitution to strike off or reject a plaint when a specific statutory remedy under the Code of Civil Procedure, 1908 is available, particularly Order VII Rule 11 CPC. In the present case, the Madras High Court, exercising powers u/Art.227, had struck off the plaint in a suit for permanent injunction on the ground...
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CA Vijayakumar Shetty qualified in 1994 and in practice since then. Founding partner of Shetty & Co. He is a graduate from St Aloysius College, Mangalore . View Full Profile

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