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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.M.SATHAYE
Aniket Mahendra Mandhare – Appellant
Versus
Sukhdev Dattatray Waje – Respondent
M. M. SATHAYE, J.
1. Heard learned Counsel for the parties.
2. This Second Appeal is filed challenging the Judgement and Decree dated 09/10/2024 passed by the District Judge – 1, Vadgaon, Maval, Pune in Regular Civil Appeal No. 14 of 2024 confirming order dated 10/01/2024 passed below Exh. 14 by the Civil Judge, Senior Division, Vadgaon, Maval, Pune in Special Civil Suit No. 1162 of 2022 rejecting the plaint under Order VII Rule 11 (a), (b), (c) & (d) of the Code of Civil Procedure, 1908 (for short “the CPC”).
3. By an order dated 28/01/2025, following substantial questions of law were framed and notice for final disposal was issued :
(i) Whether both the Courts erred in not considering the cause of action pleaded by the plaintiff which was common for the prayer of specific performance and alternative relief of refund of earnest money and compensation?
(II) Whether both the Courts erred in rejecting the Plaint on the point of limitation by ignoring the cause of action and the alternative prayers made by the Plaintiff?
(III) Whether in view of the legal principles settled by the Hon’ble Apex Court in the case of Sejal Glass Limited Vs. Navilan Merchants Private Limited [(2018)
The court emphasizes that partial rejection of a plaint is impermissible under CPC when at least one claim remains viable, necessitating remand for proper evaluation of facts and evidence.
A plaintiff can seek both specific performance and alternative relief for refund in a single suit; jurisdiction is based on the higher relief's valuation under the A.P. Civil Courts Act.
Limitation for specific performance suits is a mixed question of law and fact, requiring evidence for determination; amendments to the plaint are permissible if necessary for resolving real issues.
Limitation periods for enforcing contractual agreements are strict; a plaintiff must demonstrate readiness and willingness to perform obligations, or the suit may be dismissed as time-barred.
Civil Suit - Rejection of Plaint - A plaint as a whole can be rejected against some of defendants in terms of Order VII Rule 11 of the Code.
Subsequent suit barred under Order II Rule 2(3) CPC if on same cause of action as withdrawn prior suit, omitting reliefs without leave; plaint rejectable under Order VII Rule 11 if averments disclose....
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