Wednesday, 15 August 2018

Whether relief claimed constitute cause of action?

Submission of learned counsel for respondent No. 2-trust was that requirement of law being reading the plaint in its totality, the appellants cannot take the plea that they would give up or relinquish some of the reliefs sought for. That would not be permissible. The plea clearly overlooks the basic distinction between statements of the facts disclosing cause of action and the reliefs sought for. The reliefs claimed do not constitute the cause of action. On the contrary, they constitute the entitlement, if any, on the basis of pleaded facts.

Civil Appeal No. 448 of 2004 (Arising out of SLP (Civil) No. 20366/2002)

Decided On: 23.01.2004

Sopan Sukhdeo Sable and Ors. Vs. Assistant Charity Commissioner and Ors.

Hon'ble Judges/Coram:
Doraiswamy Raju and Dr. Arijit Pasayat, JJ.

Citation: AIR 2004 SC 1401.
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