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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Afamado Advisory Services Pvt. Ltd. – Appellant
Versus
Maharashtra Wood Based Industrial Estate – Respondent
| Table of Content |
|---|
| 1. parties and procedural background of writ petition. (Para 1 , 2 , 3) |
| 2. arguments on cause, limitation, res judicata. (Para 6 , 7 , 8 , 9) |
| 3. undisputed facts and prior plaint rejection. (Para 11 , 12 , 13) |
| 4. o7 r13 permits fresh suit; no res judicata. (Para 14 , 15 , 16 , 17) |
| 5. plaint discloses cause of action prima facie. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 6. firm property includes contract rights per s14 ipa. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 7. limitation issue mixed question for trial. (Para 32 , 33) |
| 8. no error warranting article 227 interference. (Para 34 , 35 , 36) |
JUDGMENT:
N.J.JAMADAR, J.
1. Rule. Rule made returnable forthwith, and with the consent of learned Counsel for the parties, heard finally.
2. By this petition under Article 227 of the Constitution of India, the Petitioner – original Defendant No. 2 takes exception to an order dated 25th June, 2025 passed by the learned District Judge, Bhiwandi on an application (Exh. 23) in Commercial Suit No. 02/2024, whereby the said application preferred by the petitioner for rejection of the plaint under the provisions of Order VII Rule 11(a) and (d) of the Code of Civil Procedure, 1908 (‘the Code’), came
Rejection of plaint under O VII R 11 CPC permits fresh suit via R 13; partnership firm acquires cause of action for specific performance if contract rights contributed as capital with firm funds; lim....
A suit for specific performance cannot be maintained by partners of a dissolved firm; and claims are barred under Section 69 of the Indian Partnership Act and the Limitation Act.
Fresh suit for specific performance by registered firm after unregistered firm's suit dismissal is barred by Article 54 limitation if beyond three years from 1993 refusal; SLP leaving questions open ....
The rejection of a plaint based on misjoinder of parties and causes of action is erroneous, and disputed questions cannot be decided at the time of considering an application under Order 7 Rule 11 of....
A suit for specific performance requires a valid written agreement, and claims must be filed within the limitation period; failure to meet these conditions results in dismissal.
Point of Law : Jurisdiction of the court to take action under Order 7, Rule 11(d) of the CPC can arise only in case where the pleadings in the plaint are sufficient to disclose the bar to the suit, a....
A suit for specific performance can be maintained by a partner even if not registered, provided the firm is engaged in business dealings.
Suit for specific performance filed after dismissal of suit for injunction is barred under Order II Rule 2 CPC and deserves to be rejected.
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