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SHARMILA U. DESHMUKH
Sakharam G. Mahadik – Appellant
Versus
Swagat Builders and Developers – Respondent
JUDGMENT :
SHARMILA U. DESHMUKH, J.
1. Both the Civil Revision Applications arise out of the orders passed in applications fled under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (C.P.C.) in Special Civil Suit No. 100 of 2022. The Revision Applicant in CRA No. 52 of 2023 is defendant No. 1 and the Revision Applicants in CRA No. 40 of 2023 are defendant Nos. 3 and 4 in the Special Civil Suit No. 100 of 2022. As the orders arise out of applications fled in Special Civil Suit No. 100 of 2022, the matters were heard together and is being decided by this common judgment.
2. For the sake of convenience the parties are referred to by their status before the trial Court.
3. The facts of the case are that the plaintiff firm through its partner fled Special Civil Suit No. 100 of 2022 on 9th March, 2022 inter-alia seeking recovery of sum of Rs. 95,84,520/- alongwith interest thereon from defendant Nos. 1 to 4, and for a declaration that all resolutions, remarks and orders passed by defendant No. 1, Municipal Corporation in respect of the payment of compensation to defendant Nos. 2 to 4 are illegal, void, fraudulent and beyond the authority and as such are liable to be rejected. The plaint
Civil Courts cannot entertain suits challenging notices of unauthorized construction unless a clear case of nullity is demonstrated, as per statutory provisions under Section 433A of the Maharashtra ....
A cause of action based on an approved bill resets limitation; rejection of plaint under Rule 11 is unwarranted where factual disputes exist.
The main legal point established in the judgment is that a suit can be rejected under Order 7 Rule 11 of CPC if it is clearly barred by limitation, and if the plaintiff was well aware of the facts gi....
The main legal point established in the judgment is that the right to sue first accrues when the fact first comes to the knowledge of the plaintiff, and if a suit is filed beyond the limitation perio....
Plaint cannot be rejected under Order VII Rule 11 CPC at threshold for limitation if pleadings disclose triable issues on mixed questions of law and fact regarding cause of action accrual and continu....
A plaint cannot be rejected if it discloses a cause of action, and non-parties to a compromise decree have the right to challenge its validity.
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