J U D G M E N T :

1 Applicants have filed this Revision Application challenging the order dated 14 February 2024 passed by Appellate Bench Small Causes Court in P Appeal No.294 of 2022. The Appellate Bench has allowed the Appeal and has set aside order dated 12 October 2022 passed by the Small Causes Court on application at Exhibit-31, by which the Small Causes Court had rejected the Plaint under Order VII Rule 11 (d) of the Code of Civil Procedure, 1908. (Code). The Appellate Bench has restored the suit bearing TE & R Suit No.78/102 of 2010.

2 Facts of the case, in brief, are that Plaintiff landlord has instituted TE & R Suit No.78/102 of 2010 against the Maharashtra State Co- operative Rural Multipurpose Development Bank Limited and Liquidator appointed on the Bank (Defendant) seeking recovery of possession of suit premises totally admeasuring 15,000 square feet on ground, mezzanine and first floor of Building 15-A, Morvi Lane, Chowpatty, Mumbai – 400 007. The suit is filed under provisions of Section 41 of the Presidency Small Causes Courts Act, 1882 (PSCC Act). The Plaintiff has averred in the paragraph 3 of the Plaint that the Defendant is exempted from protection under the Maha