C.M. Meenakshi v. Archbishop of Bangalore & Others; 2025 INSC 1363 - CPC - Rejection Of Plaint
Code of Civil Procedure 1908 - Order VII Rule 11 - Trial Court allowed petition for rejection of plaint - In appeal, High Court set aside this order and dismissed the petition -Dismissing appeal, SC observed: All that the High Court meant was that the suit is restored on the file of the Trial Court and that it has to be decided in accordance with law, which would include all the issues (concerning limitation, res judicata and those arising under Order II Rule 2 of the CPC) apart from the issues on the merits of the case. (Para 12-13)
Case Info
- Case name: C.M. Meenakshi v. Archbishop of Bangalore & Others
- Neutral citation: 2025 INSC 1363
- Coram: Justice B.V. Nagarathna; Justice R. Mahadevan
- Judgment date: November 20, 2025
Caselaws and citations
- Srihari Hanumandas Totala v. Hemant Vithal Kamat, (2021) 9 SCC 99
- Shakti Bhog Food Industries Ltd. v. Central Bank of India, (2020) 17 SCC 260
Statutes / laws referred
- Code of Civil Procedure, 1908:
- Order VII Rule 11(a) and (d)
- Section 151
- Order II Rule 2
- Limitation (as a defence discussed; law of limitation referenced generally)
Outcome
- Appeal dismissed; High Court’s restoration of suit upheld.
- Trial Court to proceed on merits including limitation, res judicata, and Order II Rule 2.
