Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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ILC-2012-SC-CIVIL-Apr-3

Chandrika Chunilal Shah Vs. Orbit Finance Pvt. Ltd.

Head Note

The Code of Civil Procedure, 1908  - Order XXXIX Rule (1) ,  Rule (2)

Interim order of High Court - Special Leave Petition petitioner by filing a suit before City Civil Court - The City Civil Court returned the plaint for presentation to proper Court on the ground that it had no pecuniary jurisdiction - On presentation of plaint before the High Court, it passed interim orders that no third party interest can be created in favour of licensee - Admittedly the building in dispute is not completed so far - The fact whether respondents are bona fide purchasers has still to be determined - In circumstances, no case made out for interference with the interim orders passed by the Courts below - Appeal dismissed - Licensee however will continue to deposit his payments in a nationalised bank.

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