CUSTOM SEARCH

TOPICS AVAILABLE IN THIS BLOG

PRINCIPLES GOVERNING PRE-MATURE SUIT AND COURT POWERS 2012 SC

FULL JUDGMENT
Justice P. Sathasivam, and Justice J. Chelameswar of Supreme Court of India in the case of M/S. Pushpa Sahkari Avas Samiti ... vs M/S. Gangotri Sahkari Avas Decided on 30 March, 2012. Quoted following case laws and re-framed principles governing pre-mature suit and court powers:-

In Vithalbhai Pvt. Ltd. v. Union of India, 2005 AIR SCW 1509 while dealing with the premature filing of a suit, a two-Judge Bench of Supreme Court, after referring to a number of decisions of various High Courts and Supreme Court, came to hold as follows:- The question of suit being premature does not go to the root of jurisdiction of the court; the court entertaining such a suit and passing decree therein is not acting without jurisdiction but it is in the judicial discretion of the court to grant decree or not. The court would examine whether any irreparable prejudice was caused to the defendant on account of the suit having been filed a little before the date on which the plaintiff's entitlement to relief became due and whether by granting the relief in such suit a manifest injustice would be caused to the defendant. Taking into consideration the explanation offered by the plaintiff for filing the suit before the date of maturity of cause of action, the court may deny the plaintiff his costs or may make such other order adjusting equities and satisfying the ends of justice as it may deem fit in its discretion. The conduct of the parties and unmerited advantage to the plaintiff or disadvantage amounting to prejudice to the defendant, if any, would be relevant factors.

Bench ruled that the plea as regards the maintainability of the suit on the ground of its being premature should be promptly raised and it will be equally the responsibility of the Court to dispose of such a plea. Thereafter, it was observed as follows:- However, the court shall not exercise its discretion in favour of decreeing a premature suit in the following cases:
(i) when there is a mandatory bar created by a statute which disables the plaintiff from filing the suit on or before a particular date or the occurrence of a particular event;
(ii) when the institution of the suit before the lapse of a particular time or occurrence of a particular event would have the effect of defeating a public policy or public purpose;
(iii) if such premature institution renders the presentation itself patently void and the invalidity is incurable such as when it goes to the root of the court's jurisdiction; and
(iv) where the lis is not confined to parties alone and affects and involves persons other than those arrayed as parties, such as in an election petition which affects and involves the entire constituency.
(v) One more category of suits which may be added to the above, is: where leave of the court or some authority is mandatorily required to be obtained before the institution of the suit and was not so obtained. ( Samar Singh v. Kedar Nath AIR 1987 SC 1926 )

No comments:

KARNATAKA LAND LAWS