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2023 Supreme(Bom) 920

BHARAT P. DESHPANDE
Goa Pollution Control Board – Appellant
Versus
Government Of Goa – Respondent


Advocates appeared:
Joaquim Godinho, Advocate, J.A.Lobo, Advocate, Manish Salkar, Advocate, D.Zaveri, Advocate, M.Mahamal, Advocate

JUDGMENT

1. Heard learned Counsel Mr Joaquim Godinho for the Applicant, learned Counsel Mr J.A. Lobo for Respondent No.2, Mr Manish Salkar, learned Government Advocate, for Respondent Nos.1, 4, 5, 6 and 7 and learned Counsel Mr D. Zaveri with Mr M. Mahamal for Respondent No.8.

2. Admit. Heard finally with consent.

3. With the consent of learned Counsel for the respective parties, present revision is taken up for final disposal at the admission stage itself.

4. Applicant herein is the original Defendant No.6 in Civil Suit No. 22/2018 filed before the District Court at Panaji which was allotted to District Judge-2, Panaji sitting at Ponda.

5. The Applicant filed an application under Order 7 Rule 11 CPC as well as raised preliminary objection to the jurisdiction of the Court. The said application was resisted by the Original Plaintiff/Respondent No.8. The learned Trial Court vide its impugned order dtd. 26/9/2019, rejected such application. Hence, the present revision.

6. The short question which cropped up in the present revision is whether plaint could be rejected qua Defendant No.6 under Order 7 Rule 11 (d) of CPC.

7. Mr Godinho appearing for the Applicant submitted that Applicant is a Bo

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