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2013 Supreme(Bom) 1992

ANOOP V.MOHTA
Samuel Nadvi – Appellant
Versus
Umerkhadi Co-operative Housing Society Limited – Respondent


Advocates Appeared:
For the Appellant:Prabhanand Sawant, Advocate.
For the Respondents:R1, Avinash Joshi, Advocate, R2, S.K. Sonawane, Corporation, R4 & R5, Manek J. Kalyaniwalla i/by M/s. Mulla & Mulla and CBC.

JUDGMENT :

This Appeal from Order is filed by the Appellant-Original Plaintiff against order dated 10 February 2012 passed by the learned Judge, City Civil Judge, Greater Bombay. The operative part of the order is as under:-

1. The plaint shall be returned to the plaintiff Mr. Samuel Nadvi as provided under Order VII, Rule 10 of C.P.C. for presentation to proper forum.

2. The plaintiff is present while dictating this order and the decision has been informed to him.

3. When the intimation has been given to the plaintiff under Sub-Rule 1 of Order VII Rule 10-A of C.P.C. He did not make any submissions.

4. As the plaintiff has not specified the Court in which he proposed to present the plaint after its return in terms of Sub Clause 2-A of Rule 10-A of Order VII of C.P.C. the date for the appearance of the parties in the Court as required under Sub-Clause 3(a) of Rule 10-A of Order VII of C.P.C. could not be fixed.

5. However, the plaintiff is directed to give notice well in advance to the defendants before presentation of the plaint before proper forum giving information of the proposed date of presentation of the plaint.”

2. The learned Judge returned the plaint for proper presentati














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