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2022 Supreme(Bom) 1149

VINAY JOSHI
Lilabai Anandrao Mahale – Appellant
Versus
Ratnabai Rajesh Chaudhari – Respondent


Advocates appeared:
Vijay B. Patil, Advocate, Subodh P Shah, Advocate

JUDGMENT

Vinay Joshi , J. - The applicants who were defendant Nos. 1 to 7 in R.C.S. No. 104 of 2021 have called in question the impugned common order dated 15.07.2021 passed by the trial Court below Exhs. 17 and 23. By way of amendment, the applicants have also questioned the correctness of the subsequent related orders dated 18.08.2021 passed at Exh. 34 and 37. Precisely the applicants (defendants) have objected to the maintainability of the suit on various counts and thereby urged to the trial Court for rejection of plaint in terms of order VII Rule 11 of Code of Civil Procedure (for short 'C.P.C.'). The plaint is sought to be rejected primarily on the ground of under valuation, barred by limitation and for want of cause of action.

2. In order to understand the controversy, it is necessary to go through the plaint, since it is settled law that for the purposes of Order VII Rule 11 of the C.P.C., the pleadings of the plaint are the only relevant factor for consideration.

3. The house property bearing CTS No. 3220, situated within the limits of Dhule Municipal Corporation, was initially owned by one Bhagwan Chaudhari. In partition, the said property was allotted to the share of his so

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