A.S.CHANDURKAR
Prakash G. Goyal – Appellant
Versus
Sayyed Ayaz Ali s/o Makdoom Ali – Respondent
1. Since both these proceedings raise challenge to the order dated 01/08/2017 passed below Exhibit-50 in R.C.S. No.4990/2012 allowing the application that was filed under provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short, the Code) and permitting the plaintiff to seek appropriate relief and pay necessary court fees within a period of fifteen days, they are being decided together.
Civil Revision Application No.124/2017 is accordingly Admitted and Rule is issued in Writ Petition No.4508/2018. Respective counsel waive notice of hearing.
2. The relevant facts giving rise to the present proceedings are that the petitioner in W.P.No.4508/2018 is the original plaintiff. It is his case that he deals in sale and purchase of immovable properties. The plaintiff came in contact with the defendant No.3 who was a financial broker. Said defendant No.3 agreed to give a hand loan of Rs.7,00,000/- with interest to the plaintiff. Certain documents were executed by the plaintiff towards security of the loan amount. Subsequently, the plaintiff was in further need of amounts and he approached the defendant No.1 who agreed to give him a hand loan of Rs.22,00,000/- on
Mst Rukhmabai vs. Lala Laxminarayan and ors. AIR 1960 SC 335
Vidyawati Gupta and ors. vs. Bhakri Hari Nayak and ors. (2006) 2 SCC 777
Putlabai vs. Vaijnath and ors. AIR 2005 Kar 419
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State of Punjab and ors. vs. Krishan Niwas AIR 1997 SC 2349
G. Ramegowda, Major etc. vs. The Special Land Acquisition Officer
Anathula Sudhakar vs. P. Buchi Reddy and ors. (2008) 4 SCC 594
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