BOMBAY HIGH COURT
MANGESH S. PATIL, J
SUJATA DHANRAJ WALUNJKAR – Appellant
Versus
SANGITA DILIP BHANDARI – Respondent
| Table of Content |
|---|
| 1. courts' authority under section 115 of cpc. (Para 1) |
| 2. challenge to the trial court's application of remedies. (Para 2 , 3) |
| 3. trial court's error in assessing maintainability and limitation. (Para 4 , 5 , 8 , 9) |
| 4. case remanded for fresh consideration. (Para 10) |
1. The original defendants are invoking the powers of this Court under section 115 of the Code of Civil Procedure (for short, “CPC”) to put up a challenge to the order passed by the trial court rejecting their application filed under Order 7 Rule 11 of CPC, seeking rejection of the plaint.
2. Learned Advocate for the Revision petitioners submits that a decision rendered by the Tahasildar under section 143 sub-section 1 of the Maharashtra Land Revenue Code, 1856 (for short, “Code”) was challenged by the respondent-plaintiff by preferring an appeal as is permissible under sub- section 3 of that provision. It was dismissed by the learned Sub Divisional Officer. He challenged that decision by preferring a revision before the Additional Collector in view of section 257 of the Code. It was specifically averred in the plaint that while that revision was pending before the Additional Collector the res
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