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IN THE HIGH COURT OF BOMBAY AT GOA
SUMAN SHYAM, AMIT S.JAMSANDEKAR
Balaji Construction Company – Appellant
Versus
Lira Siraj Shaikh, w/o. Mr. siraj Shaikh – Respondent
JUDGMENT :
(Per SUMAN SHYAM, J.)
1.This First Appeal is directed against the Judgment and Order dated 05.06.2018, passed by the learned Adhoc IInd Additional Senior Civil Judge, Margao, allowing the application filed by the Respondents-Defendants nos. 25(a) 25(b) and 25(c), under Order VII Rule 11 of the Civil Procedure Code, 1908, (CPC), rejecting the plaint filed by the Appellant-Plaintiff.
2. The facts and circumstances of the case, giving rise to the filing of the present Appeal, shorn of unnecessary details, are as here-under.
3. The defendant no.1-Respondent no.1 had initially entered into an Agreement for Sale of a plot of land dated 03.09.1990, with the Defendant-Respondent nos. 3 to 12 and Maria Luisa Das Neves Ferreira (since deceased), pertaining to property known as “Palmar e varzea Natibata”, admeasuring 11,920 square metres, situated at Borda, Margao, within the Municipal limits of Margao, in the District of South Goa, in the State of Goa. Late Maria Luisa Das Neves Ferreira died on 15.02.1991 leaving behind the Defendant nos. 12 to 15 as legal heirs and representatives. The Appellant-Plaintiff, as an unregistered Partnership Firm, had entered into an Agreement dated 02.0
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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....
(1) Rejection of plaint – When a document referred to in plaint, forms basis of plaint, it should be treated as a part of plaint – Court cannot look into written statement or documents filed by defen....
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