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2023 Supreme(Online)(Bom) 114

HIGH COURT OF BOMBAY
BHARAT P. DESHPANDE, J
SHRI CAPISTRANO GOMES, SMT CARMELINA GOMES – Appellant
Versus
STATE OF GOA – Respondent


Advocates:
For the Appellants/Petitioners: Mr Nitin Sardessai, Mr Vibhav Amonkar
For the Respondents: Mr Pravin N. Faldessai

JUDGMENT:

1. Initially, the applicant/petitioner filed Writ Petition No.23 of 2015 challenging the order 03.01.2015 whereby the application filed by the petitioner/applicant under Order VII Rule 11 CPC for rejection of the plaint was dismissed by the trial Court. Vide order dated 15.06.2015 in MCA/349/2015, the Writ Petition was converted into Civil Revision Application and was, accordingly, registered. Thereafter, the matter was taken up for final disposal. However, vide order dated 10.07.2015 revision was admitted and the hearing was expedited.

2. Heard learned senior counsel Shri Nitin Sardessai alongwith Shri Vibhav Amonkar for the applicant, Shri Faldessai, learned Additional Government Advocate for respondent no.1. None appeared for the other respondents.

3. Shri Nitin Sardessai would submit that the application for rejection of the plaint was filed on two counts. Firstly, it does not show the cause of action and consequently, it is barred by limitation. He would submit that the plaint shows no cause of action for filing the suit, i.e. right to sue on a particular and specific right accruing in favour of the plaintiff. Secondly, he claimed that even if it is considered that such

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