S. Rajendran Chettiar, et al. v. S. Narayanan Chettiar – SC APPEAL NO. 101A/2009-2010

Brief
In the case between the trustee of “Sri Kathirvelayuthan Swami Kovil” (plaintiff/appellant) and several trustees, agents, and respondents (including 2nd to 4th defendants/respondents and the 1st defendant/respondent), the Supreme Court addressed the issue of whether an order of dismissal by the Additional District Judge, based on a preliminary objection under section 46(2) of the Civil Procedure Code, should be regarded as a “final judgment” or merely an interlocutory order for the purposes of appeal. It was held that the impugned order did not finally dispose of the rights of the parties and thus constituted an interlocutory order, not a final judgment. The principle reaffirmed is that only orders which completely and conclusively determine the substantive rights of parties are to b