AIR 2005 SUPREME COURT 1891 ::2005 AIR SCW 1509 ::(2005) 1 CLR 502 (SC) ::2005 SCFBRC 233 ::2005 (1) CLR 502 ::(2005) 1 WLC(SC)CVL 494 ::(2005) ILR (Kant) 1531 ::(2005) 3 CivLJ 248 ::(2005) 1 All RentCas 887 ::2005 (4) SCC 315 ::(2005) 2 RecCivR 124 ::(2005) 3 Scale 132 ::2005 (2) All CJ 1363 ::2005 (1) CurCC 244 ::(2005) 3 AllMR 649 (SC) ::2005 (3) Andh LD 6 ::2005 (2) BLJR 937 ::2005 (3) ICC 640 ::(2005) 2 CTC 582 (SC) ::2006 (1) MadLW 1 ::(2005) 2 Ker LT 491 ::2005 (1) RenCR 357 ::(2005) 1 RentLR 641 ::(2005) 5 SCJ 28 ::2005 (1) RenCJ 71 ::(2005) 2 LandLR 19 ::2005 (59) All LR 276 ::(2005) 2 Cal LJ 129 ::(2005) 2 Cal HN 137 ::2005 (2) Supreme 518 ::2005 (3) SLT 72 ::2005 (100) CutLT 297 ::(2005) 28 AllIndCas 15 (SC) ::2005 (28) AllIndCas 15 ::2005 (2) All WC 1023 ::(2005) 3 JT 278 (SC) ::2005 (3) JT 278 ::2005 (4) SRJ 256

Supreme Court Of India

(From : AIR 2002 Calcutta 144)

Hon'ble Judge(s): R. C. Lahoti, G. P. Mathur , JJ

Civil P.C. (5 of 1908) , O.7 R.11— Transfer of Property Act (4 of 1882) , S.111— Eviction suit - Cause of action - Suit filed prior to expiry of fixed term of lease - Maintainability - Plaintiff found entitled to relief prayed for by time written statement came to be filed - Objection as to maintainability of suit, not pressed by defendant at preliminary stage - Dismissal of suit on ground of its being premature, when it came to be decided after lapse of over eight years - Not justified. AIR 2002 Cal 144, Reversed.Rangayya Naidu v. Basana, AIR 1926 Mad 594, held per incuriam. No amount of waiver or consent can confer jurisdiction on a Court which it inherently lacks or where none exists. The filing of a suit when there is cause of action though premature does not raise a jurisdictional question. The claim may be well merited and the Court does have jurisdiction to hear the suit and grant the relief prayed for but for the fact that the plaintiff should have waited a little more before entering the portals of the Court. In such a case the question is one of discretion. In spite of the suit being premature on the date of its institution the Court may still grant relief to the plaintiff if no manifest injustice or prejudice is caused to the party proceeded against. Where the right to sue has not matured on the date of the institution of the suit a....