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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
URMILA JOSHI-PHALKE, J.
Chandrakant S/o Punaji Lohakare – Appellant
Versus
Subhash S/o Natthuji Atkare – Respondent
JUDGMENT :
1. Heard learned Counsel Mr. Neeraj Khandewale for the applicant and learned Counsel Mrs. Shabana M. Khan for the non-applicant.
2. Rule
3. By this Civil Revision Application, the applicant has challenged the order dated 19.10 .2023 passed below Exhibit 11in RCS No.1/2023 by the Joint Civil Judge Junior Division, Seloo, rejecting the application under Order VII Rule 11 of the Code of Civil Procedure for rejection of plaint.
4. The relevant necessary facts for disposal of the revision application are as under:
The non-applicant is the original plaintiff who filed RCS No.1/2023 for declaration, partition and separate possession with a contention that he is the owner of suit property Field Survey No.518 admeasuring 1 H. 21 R. bounded as towards East – field of Yeshwant Badge, towards West - field of Pramod Dnyaneshwar Deotale, towards North - field of Vasanta Narayan Shirse and towards South - field of Madanmohan Dattatraya Deshpande. The defendant according to the pleading is having illegal money lending business and used to give loan on interest to the needy person and the plaintiff sometimes was in a dire need of money, and he obtained hand loan of Rs.70,000/- and defendant (
The court held that a plaint can only be rejected under Order VII Rule 11 if it does not disclose a cause of action, and the issue of limitation is a mixed question of law and fact.
Point of law: Rejection of plaint - Clever or ingenious drafting cannot mask the Court for consideration of am application seeking rejection of the plaint when the suit is barred by limitation on the....
The court ruled that issues of limitation and contractual validity arising from disputed facts cannot be decisively adjudicated at the stage of rejecting a plaint, necessitating a trial based on evid....
The main legal point established in the judgment is the need for a meaningful reading of the plaint, scrutiny of the cause of action, and prevention of illusory causes of action to avoid circumventin....
Rejection of plaint – Plaintiffs cannot be permitted to bring suits within period of limitation by clever drafting, which otherwise is barred by limitation.
powers under Section 84-C of the Act will have to be exercised within reasonable time. The question then would arise what would be the reasonable time for exercise of such powers and what would be it....
The main legal point established in the judgment is the importance of considering documents filed along with the plaint for deciding the application under Order 7 Rule 11 CPC. The judgment emphasized....
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