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HIGH COURT OF BOMBAY
MANISH PITALE, J
Mr. Viraf M. Bharucha – Appellant
Versus
Mrs. Jyotsna Pramod Mehta – Respondent
| Table of Content |
|---|
| 1. nature of petitions for specific performance. (Para 1 , 2 , 3) |
| 2. importance of proper legal representation in joint suits. (Para 4 , 5 , 6) |
| 3. interpretation of cpc on plaintiffs' rights. (Para 8 , 10 , 11) |
| 4. combined actions can proceed without impediment. (Para 12 , 13 , 16) |
| 5. final decision negated prior order directing separate suits. (Para 18 , 19) |
JUDGMENT:
1. In these two petitions, the parties are the same. In one of the petitions, the Petitioners have simply sought a direction to the Court of Civil Judge Senior Division at Vasco to dispose of the pending suit in a time-bound manner, within a period of six months. The other petition challenges order dated 06.03.2021 passed by the aforesaid Court, whereby applications at Exhibits 68 and 79 have been disposed of. The application at Exhibit 68 was an application filed by the Respondents (Original Defendants) under Order 7 Rule 11 of the Code of Civil Procedure (CPC) and Exhibit 79 was an application filed by the said Respondents under Order 1 Rule 2 of the CPC, for a direction to the Petitioners (Original Plaintiffs) to elect amongst themselves a single Plaintiff to proceed with the suit. The Petitioners are ag
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