R.K. Deshpande, J.

The trial court rejected an application under Order 7, Rule 11 (d) of the Code of Civil Procedure filed in Regular Civil Suit No. 185 of 2015 holding that in view of the bar created under Section 18 of the Maharashtra Gunthewari Development (Regulation, Up gradation and Control) Act, 2001 (for short "said Act"), the Civil Court has no jurisdiction to entertain, try and decide the suit challenging the order of regularization dated 12.12.2006 passed in exercise of power conferred under Section 3 of the said Act. The lower Appellate Court has dismissed Regular Civil Appeal No. 263 of 2015 by its judgment and order dated 05.10.2015. Hence, this second appeal by the original plaintiff.

2. On 27.07.2016 this Court passed an order as under: The substantial questions of law involved in this matter are as under :

1. Whether the Courts below could have rejected the plaint under Order 7, Rule 11 (d) of the Code of Civil Procedure on the ground that such a suit was barred under Section 18 of the Maharashtra Gunthewari Development (Regulation, Up gradation and Control) Act, 2001?

2. Whether there can be a partial rejection of the plaint on the ground that some of the re