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2024 Supreme(Bom) 1060

SANDEEP V. MARNE
EEPC (India) – Appellant
Versus
Nirajkumar Dubey – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Pradeep Throat, Malcolm Siganporia, Samarth Chowdhary
For the Respondent: A.P. Wachasundar

JUDGMENT :

SANDEEP V. MARNE, J.

1. Petitioner has filed this petition challenging the order dated 9 December 2021 on application filed by Defendant No. 1(a) and 1(b) at Exhibit 86 seeking dismissal of the Suit for non-compliance of Rule 11 of Order V of the Code of Civil Procedure, 1908 (the Code). The Trial Court has allowed the application on 9 December 2021 and the Suit against Defendant No. 1(c) has been dismissed under provisions of Order IX Rule 5 of the Code. Petitioner applied for review of the order by filing application at Exhibit-96, which has been rejected by order dated 15 March 2023, which is also subject matter of challenge in the present petition.

2. Petitioner/Plaintiff has filed R.A.D. Suit No. 600 of 2005 against original Defendant - Savitri Dubey seeking a declaration of tenancy /deemed tenancy in respect of suit premises bearing flat No. 5 in the building ‘Shivsagar’ Block No. 19, Worli Sea Face, Worli, Mumbai-400 018. During the pendency of the Suit, Savitri Dubey passed away on 29 June 2016. Her Advocate filed pursis dated 8 July 2016 informing about death of Defendant- Savitri Dubey leaving behind two sons and a daughter. It was contended in the pursis that aft

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