The court held that a writ petition challenging rejection of a plaint under Order VII Rule 11 CPC is not maintainable as the remedy lies in filing an appeal in the appropriate civil court.
Writ petition dismissed with liberty to file an Appeal.
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.
28.10.2015
WPST-22781-15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION (STAMP) NO.22781 OF 2015
Shri. Ambaji Nana Thakur and others .. Petitioners Versus Shri. Krushna Tukaram Thakur and others .. Respondents
Mr. R. D. Motkari, for the Petitioners.
Ms. Sonali S. Jain i/by Jurisperitus Mumbai, for the Respondent No.8. Mr. I. M. Vohra, for the Respondent No.9.
CORAM : R.M. SAVANT, J. DATE : 28th OCTOBER, 2015
P.C.
Considering the challenge raised in the above Petition which is to an order rejecting the plaint under Order VII Rule 11 of the CPC, the remedy if any of the Petitioners is to file an Appeal in the appropriate Court. The above Writ Petition is therefore not maintainable. With liberty
to the Petitioners to file an Appeal, the above Writ Petition is dismissed.
[R.M. SAVANT, J]
1 of 1
BGP .
2 issues framed by the court
Whether a writ petition challenging rejection of plaint under Order VII Rule 11 CPC is maintainable when appeal lies to the civil court.
If the plaint rejection was proper invoking Order VII Rule 11 CPC.
1 provisions across 1 enactments
Shri. Ambaji Nana Thakur and others
Shri. Krushna Tukaram Thakur and others
R.M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court