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2019 Supreme(Bom) 1532

ANUJA PRABHUDESSAI
Manohar Daulatram Ghansharamani – Appellant
Versus
Janardhan Prasad Chaturvedi – Respondent


Advocates:
Advocate Appeared:
V.R. Patil, Adv., Vishal Talsania, Adv., Ameya Mahajan, Adv., Amit Shroff, Adv., Yatin Shah, Adv., Apurva Pawar, Adv., J.N. Pandhi, Adv., Khona & Kayser, Adv.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The suit involves disputes over the validity of several agreements for sale of land, alleged to be part of a partnership property, and the rights of the plaintiff as a partner in the firm (!) (!) .

  2. The plaintiff claims that the agreements dated 31.7.1987, 14.11.1988, and 9.5.1995 are illegal, unlawful, and not binding on him, asserting that his signatures were forged and that he was not aware of these agreements until much later (!) (!) (!) .

  3. The plaintiff contests the validity of these agreements on the grounds of forgery, lack of consent, and fraud, and seeks declarations that these agreements are void (!) (!) .

  4. The plaintiff asserts that the partnership firm was formed for the development of specific land parcels, and that the property in question was part of the partnership assets, entitling him to a share in the partnership property (!) (!) .

  5. The partnership was allegedly formed for a specific purpose, with a defined duration, and was to be dissolved upon completion of the development or upon certain contingencies such as death or insolvency of partners (!) (!) .

  6. The partnership was considered to have been dissolved upon the death of a partner, with the terms of the partnership deed indicating that the heirs or legal representatives of the deceased would not automatically become partners unless explicitly agreed (!) .

  7. The plaintiff's claim for relief, including a share in the partnership property or profits, is barred by limitation because it was not filed within the prescribed period after the dissolution of the partnership or after the cause of action arose (!) (!) .

  8. The court notes that the suit was filed many years after the alleged agreements and the knowledge of the alleged fraud, making the suit time-barred under the applicable limitation period (!) (!) .

  9. The court emphasizes that the rejection of the plaint under Order VII Rule 11 of the CPC is appropriate when the suit is barred by law or does not disclose a cause of action, and that this can be decided at any stage of the proceedings based solely on the pleadings (!) (!) .

  10. The court concludes that the suit is ex facie barred by limitation and accordingly rejects the plaint under Order VII Rule 11 CPC, disposing of the related notices of motion accordingly (!) .

These points encapsulate the core legal reasoning and findings from the provided document.


JUDGMENT :

ANUJA PRABHUDESSAI, J.

1. The Plaintiff has filed the suit for the following reliefs:

    (a) That this Honourable Court be pleased to declare that alleged Agreement for Sale dt.31.07.1987 executed by the defendant no.1 and late Shri D.C.Mitra in favour of the defendant no.14 company for sale of the portion of the suit property admeasuring about 55 Acres situate at village Kasurwadawali, Ghodbunder Road, Taluka and District Thane is bogus, illegal, unlawful and not binding on the plaintiff;

(b) that the Honourable Court be pleased to declare that alleged Agreement for Sale dated 14.11.1988 executed by the defendant no.1 and late Shri D.C.Mitra in favour of the defendant no.15 Company for sale of the portion of the suit property admeasuring about 45 Acres situated at Village Kasurwadawali, Ghodbunder Road, Taluka and District Thane is illegal, unlawful and not binding on the plaintiff;

(c) that the Hon'ble Court be pleased to declared that alleged Agreement for Sale dated 9.5.1995 executed by the defendant no.1 in favour of the defendant nos.17 and 18 for sale of the portion of the suit property admeasuring about 45 Acres is illegal, unlawful and not binding on the plaintiff;

(d) t

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