The Bombay High Court at Aurangabad disposed of a Writ Petition seeking leave to convert it into an Appeal from Order challenging a judgment returning a plaint under Order VII Rule 10 CPC, allowing withdrawal with liberty to appeal.
Writ petition disposed of as withdrawn with liberty to file appeal before the appropriate forum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
W.P.No.1439/12
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO.1439 OF 2012
Office Notes, Office
Memoranda of Coram,
appearances, Court's
orders or directions
andRegistrar's
orders.
Court's or Judge's orders
Mr.P.R.Patil, advocate for the petitioner.
Mr.P.M.Shah, Sr.Counsel for Respondents.
CORAM : S.V.GANGAPURWALA,J.
Date : 03.05.2012.
PER COURT :
bPlaint be returned to the plaintiff vide Order 7 Rule 10 of
the C.P.C.
into Appeal from Order.
2
W.P.No.1439/12
(S.V.GANGAPURWALA,J.)
Dt.03.05.2012. asp/office/wp1439.12
3
W.P.No.1439/12
2 issues framed by the court
Whether leave to convert a Writ Petition into an Appeal from Order is maintainable against an order returning a plaint under Order VII Rule 10 CPC.
To whom an appeal against such an order lies given the suit value is below Rs.10,00,000/-.
2 provisions across 1 enactments
Petitioner
Respondents
S.V.Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court