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2010 Supreme(Bom) 237

R.P.SONDURBALDOTA
Pushpa w/o Aidan Kalantri – Appellant
Versus
Purushottam Champalalji Rathi – Respondent


Advocates appeared:
For the Applicants:S.R.Deshpande, Advocate.
For the Respondent:A.S.Chandurkar, Advocate.

ORAL JUDGMENT:

1. Rule. Made returnable forthwith by consent of the parties. Heard the learned counsel for final hearing of the application.

2. The civil revision application arises out of the order dated 21st April, 2009, passed by the trial court refusing to reject plaint under Order VII Rule 11 Civil Procedure Code, on the ground that the same does not disclose cause of action and that it is barred by the law of Limitation.

3. Before adverting to the facts of the case it will be convenient to briefly refer to the decisions cited by both the sides as regards the extent of enquiry for the application under Order VII Rule 11 Civil Procedure Code Mr.Chandurkar, the learned counsel for the respondent, submits that while deciding the application for rejection of the plaint under Order VII Rule 11 Civil Procedure Code the court must read only the plaint without any addition or subtraction to it and the plaint must be read in its entirety presuming its contents to be correct. He seeks to draw support for his submission from the decisions of the Apex Court in Kamala and others ..vs.. K.T.Ishwarsa and others reported in (2008) 12 SCC 661 and C.Natarajan ..vs.. Ashimbai and others, reporte





























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