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2021 Supreme(Guj) 610

J.B.PARDIWALA, VAIBHAVI D.NANAVATI
Bardoli Shreerang Exhibitors Private Limited – Appellant
Versus
Maheshbhai Babubhai Hirpara – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R.R.Marshall, Sr.Advocate With Mr Arpit A.Kapadia, Advocate
For the Respondent:Mr. Kartikkumar K.Joshi, Mr. Jay S.Shah, Advocate, Mr. Anshin Desai, Sr. Advocate With Mr. Nisarg P.Raval, Advocate

JUDGMENT :

J.B. PARDIWALA, J.

1. The impugned order passed by the court below rejecting the plaint under the provisions of Order 7 Rules 11(a) and (d) respectively of the Civil Procedure Code is running in 67 pages. We wonder how many pages it would have taken for the Presiding Officer to dictate a full-fledged judgment disposing of the suit on merits. We are not able to understand why repeatedly the very same mistakes are being committed by the courts below while deciding the applications under the provisions of Order 7 Rule 11 of the CPC. Why the courts below are not ready to apply their minds before passing an appropriate order in accordance with law? This very bench in last four months of the present sitting must have passed not less than 25 orders explaining the true purport and scope of the provisions of Order 7 Rule 11 of the CPC, but all in vain. We have now started gathering an impression that plaints are being rejected mechanically only with a view to earn appropriate points as rejecting a plant is as good as deciding the whole suit. We hope that such impression in o

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