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2020 Supreme(Bom) 639

DAMA SESHADRI NAIDU
Shanta Babarao Deshmukh – Appellant
Versus
Becharbhai Jivabhai Patel – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Narendra B. Deshmukh
For the Respondent: Bhavin R. Bhatia and Vatsal Charera

JUDGMENT :

Dama Seshadri Naidu, J.

Introduction:

1. This case dismays and disturbs any adjudicator. The applicant's conduct-rather that of her counsel, who happens to be her son, too--sets anybody's teeth on edge, after hearing the arguments. The applicant seems to have been obsessed with only one intent: to litigate until she gets her argument accepted, meritless it may be. To achieve this, no rule or rhyme should come in her way. Should anyone intervene, be it a judge, the applicant does not hesitate to trample upon decency, decorum, or even reputation. We shall soon see that.

2. In the suit filed by the applicant before the Small Cause Court, the defendants plead that one of the defendants is no more; he died long back in the USA. They produce the proof. The erstwhile GPA Holder of the person died affirms that on oath, too. The trial Court rules on it; unsatisfied, the applicant appeals. The Appellate Bench also concurs with the trial Court. Then, the applicant files a Civil Revision Application, ostensibly, under Section 115 of CPC, makes a hue and cry, claims that the issue is of immense importance, demands that the Hon'ble Chief Justice should refer it to a Division Bench or a Fu

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