The High Court permitted the petitioner to withdraw the writ petition challenging the rejection of an Order VII Rule 11 application, granting liberty to file a Civil Revision under Section 115 CPC as the proper remedy.
Permission granted to withdraw the petition with liberty to file a Civil Revision Application.
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IN THE LHIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2116/2009
M/s LIC Housing Finance Ltd. VS.
Milind J.Gurav & Ors.
PETITIONER
RESPONDENTS
Mr.S.A.Sawant i/b Mr.Barve & Co.for petitioner Mr.N.V.Bandiwadekar for respondent no.1 & 2
CORAM: MRS.MRIDULA BHATKAR,J. DATE : 28th April,2009
P.C.
. This petition is filed challenging the order of rejection of application under order VII rule 11(d) of the Code of Civil Procedure . The learned counsel for respondent nos.1 and 2 raised objection on the point of mantainability of the petition stating that the impugned order cannot be challenged under the Writ Petition but the Revision u/s 115 of the Code of Civil Procedure is maintainable.
2] In view of proviso of Section 115 of the Code of Civil Procedure if the application under order VII Rule 11 of the Code of Civil Procedure would have been allowed then the suit filed by the original plaintiff would have been finally disposed of. Hence the Revision only is maintainable.
Learned counsel for the petitioner seeks permission to withdraw the petition with liberty to file Civil Revision Application. Granted.
(Mrs.Mridula Bhatkar,J.)
1 issue framed by the court
Whether a writ petition is maintainable to challenge rejection of an application under Order VII Rule 11 CPC or if Revision under Section 115 is the only remedy.
2 provisions across 1 enactments
M/s LIC Housing Finance Ltd.
Milind J.Gurav
MRIDULA BHATKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
