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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.M.SATHAYE
Aniket Mahendra Mandhare – Appellant
Versus
Sukhdev Dattatray Waje – Respondent
| Table of Content |
|---|
| 1. second appeal background and facts. (Para 2 , 4 , 5) |
| 2. parties present their arguments. (Para 6 , 7) |
| 3. court's analysis on limitation and cause of action. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. application of case law regarding plaint rejection. (Para 14 , 15 , 16) |
| 5. distinction from prior rulings. (Para 17 , 18 , 19 , 20) |
| 6. final judgment and orders. (Para 22 , 23 , 24) |
| 7. court order permitting remand for reconsideration of the trial court's findings. (Para 26) |
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 act
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Subsequent suit barred under Order II Rule 2(3) CPC if on same cause of action as withdrawn prior suit, omitting reliefs without leave; plaint rejectable under Order VII Rule 11 if averments disclose....
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