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2023 Supreme(Bom) 2244

B. P. DESHPANDE
Raia Rudraji Sinai Salelicar – Appellant
Versus
Laxmibai Kasturchand Nadkarni – Respondent


Advocates appeared:
D.Lawande, Advocate, Jay Mathew, Advocate, Chirag Angle, Advocate, Hanumant D.Naik, Advocate, Aditya D.Naik, Advocate, Devidas J.Pangam, Advocate, Ajay Borkar, Advocate, Parikshit Sawant, Advocate

JUDGMENT/ORDER

1. Heard learned Counsel Mr. Lawande, who appears along with Mr. Jay Mathew and Mr. Chirag Angle for the Applicants, Mr. H.D. Naik appearing along with Mr. Aditya D. Naik for Respondent Nos. 2 to 24 and Mr. Pangam who appears along with Mr. Ajay Borkar and Mr. Parikshit Sawant for Respondent Nos. 25 and 26.

2. This matter is taken up for final disposal at the stage of admission itself with the consent of all the parties.

3. The Applicants who are the original Defendants in Special Civil Suit No. 10 of 2014 pending on the file of Senior Civil Judge at Quepem, preferred the present Revision thereby challenging the impugned order dtd. 26/4/2018, by which, the learned Trial Court rejected both the Applications [at Exhibits-21 and 27] filed under Order VII Rule 11 of CPC for rejection of the plaint.

4. The original Defendant Nos. 1 to 16 filed an Application at Exhibit-21 under Order VII Rule 11 of CPC on two-fold grounds i.e. the plaint does not disclose the cause of action qua the Plaintiffs and that the suit is barred by law of limitation. The second Application at Exhibit-27 was filed by Defendant Nos. 17 to 20. The Plaintiffs filed a reply to both the Applications opposi

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