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2021 Supreme(SC) 369

SAYYED AYAZ ALI – Appellant
Versus
PRAKASH G. GOYAL – Respondent


Advocates appeared:
For the Appellant(s) : Vinay Navare, Raju Dhoble, Kishor Ram Lambat, Kashmira Lambat, M/s. Lambat And Associates
For the Respondent(s):Prashant P. Kothari, Satyajit A Desai, Anagha S. Desai, Satya Kam Sharma, Advocates

JUDGMENT :

Dr. Dhananjaya Y. Chandrachud, J

1. These appeals arise from a judgment of a Single Judge at the Nagpur Bench of the High Court of Judicature at Bombay.

2. The appellant is the plaintiff in a suit instituted before the Civil Judge, Senior Division at Nagpur. The first respondent filed an application at Exhibit-50 for the rejection of the plaint on the ground that it was barred under clauses (b) and (d) of Order 7 Rule 11 of the Code of Civil Procedure 1908 (“CPC”). The Fifth Joint Civil Judge, Junior Division, Nagpur allowed the application. However, while doing so, the appellant was “directed to seek proper relief and pay court fee thereon within 15 days, otherwise appropriate order will be passed”. This order of the Trial Judge, insofar as it permitted the appellant to carry out an amendment for seeking appropriate reliefs was assailed before the High Court in a Civil Revision Application No 124 of 2017 by Defendants 1A to D and Defendant No 2 (Respondent Nos 1 to 5 to these proceedings). The appellant instituted a Writ Petition[(WP No 4508 of 2018)] under Article 227 of the Constitution for challenging the order of the Trial Judge allowing the application under Order

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