SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2017 Supreme(Bom) 2220

S.B.SHUKRE
Laxminarayan Parmeshwarlal Jaiswal – Appellant
Versus
Pravin S/o Prithviraj Jaiswal – Respondent


Advocates Appeared:
For the Applicant :A.M. Ghare with Nitin L. Jaiswal, Advocates.
For the Respondent:Shri. R.R. Dawda, Advocate, Shri Nilesh Kalwaghe with S.N. Gaikwad, Advocates.

JUDGMENT :

S.B. Shukre, J.

By this application, the applicant original defendant No. 1 has taken an exception to the legality and correctness of the order dated 18.07.2017 thereby rejecting the application (Exh.46) filed for rejection of plaint on the ground that the plaint is barred by law as provided under Order 7, Rule 11(d) of the Code of Civil Procedure, passed by Civil Judge Junior Division, Barshitakli, in Regular Civil Suit No. 74 of 2016.

2. Rule. Rule made returnable forthwith. Heard finally by consent.

3. It is well settled law that when an application under Order 7, Rule 11(d) of the Code of Civil Procedure is filed, the Court has to confine its enquiry only to the pleadings in the plaint. The Court cannot travel beyond those pleadings and look into the defence taken by the defendant. A useful reference in this regard may be made to the case of Hardesh Ores Pvt. Ltd v. M/S. Hede and Company, reported in (2007) 5 SCC 614. Now bearing in mind these principles of law, let us examine whether the impugned order is consistent with the settled principles of law or not.

4. Shri. A.M. Ghare learned counsel for the applicant, in his extensive argument, has submitted in nutshell that t














Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top