Tue. Nov 24th, 2020

Christian Louboutin Sas vs Abubaker & Ors. on 25 May, 2018

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19. We may also point out that there is a clear distinction between
„return of a plaint‟, „rejection of a plaint‟ and „dismissal of a suit‟. These
three concepts have different consequences. A dismissal of a suit would

CS(COMM) No. 890/2018 Page 11 of 47
necessarily result in a subsequent suit being barred by the principles of res
judicata, whereas this would not be the case involving „return of a plaint‟
or „rejection of a plaint„. What the learned Single Judge has done is to
have dismissed the suit of the appellants/plaintiffs at the admission stage
itself without issuance of summons and this, we are afraid, is contrary to
the provisions of the statute.

Source: Indian Kanoon

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