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BOMBAY HIGH COURT
P.M. Kher, J
Latadevi v. Ramnath and Others
| Table of Content |
|---|
| 1. jurisdiction issues concerning the small cause court and subsequent actions. (Para 1 , 2 , 4) |
| 2. applicability and interpretation of section 14 of the limitation act. (Para 3 , 10 , 12) |
| 3. court observations regarding the return of the plaint and adherence to court orders. (Para 5 , 11) |
| 4. diligence in prosecuting legal remedies must be evidenced by the plaintiff. (Para 6 , 8) |
| 5. final dismissal of the revision without interference. (Para 13) |
1. The petitioner who was the defendant before the Civil Judge Junior Division, Nagpur, in Regular Civil Suit No. 594 of 1984 is challenging the order passed by that Court on 19-10-1985 holding that the plaintiff was diligently prosecuting his remedy before the Small Causes Court in between the institution of Small Cause suit from 12-9-1979 and returning the plaint for presentation to the proper court on 18-4-1984.
2. The following facts will be necessary for appreciating the real controversy. Small Cause Suit No. 1219/79 was instituted by the plaintiff/respondent No. 1 on 10-7-1979 for eviction, mesne profits, notice charges etc. etc. The suit proceeded before the Small Causes Court. A defence was raised that the Small Causes Cou
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