Disposed

Elvino Dias., Rep. by His Poa, Antonetta Dias., v. Maria Monica Rodrigues and 3 Ors.

Bombay HC24 Nov 2017CRA/34/2017

Case brief

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What is this about?

High Court in Goa disposed of a civil revision application challenging the rejection of an application under Order VII Rule 11 CPC. The High Court found no jurisdictional error in the Civil Judge's view and directed the revisioner to plead the point regarding previous suits during the hearing.

What did the court decide?

The revision application is disposed of with liberty to urge the pleader regarding previous suits during the hearing of the suit.

The Applicant-Defendant in Suit filed by the Respondent-Plaintiff under Section 6 of the Specific Relief Act is aggrieved by the rejection of the application moved under Order VII Rule 11 of the Code of Civil Procedure.

2.Mr. S. S. Kantak, the learned Senior Counsel for the Applicant submits that the Respondent no. 1 initiated a Regular Civil Suit no. 52 of 2015/A wherein the Respondent has made several statements which clearly show that the Respondent is not entitled to the relief in the present suit and these documents ought to have been considered by the learned Civil Judge.

3.I have considered the submissions. The learned Civil Judge has opined that in the plaint sufficient ingredients necessary for relief under Section 6 of the Specific Relief Act are present and, therefore, the application cannot be considered. There is no jurisdictional error in this view taken by the learned Civil Judge.

4.As far as the contention of the Applicant that in another suit with similar averments have been made by the Respondent is concerned, it is always open to the Applicant to urge this point at the time of hearing the suit, to be decided on its own merit. While deciding applications of this nature, one cannot be unmindful of the provisions under Section 6 of the Specific Relief Act providing speedy remedy. With the observation regarding the above point as canvassed being available to the Applicant at the time of hearing of the suit, the Revision Application is disposed of.

Elvino Dias., Rep. by His Poa, Antonetta Dias., v. Maria Monica Rodrigues and 3 Ors.

Case brief

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What did the court decide?

Elvino Dias., Rep. by His Poa, Antonetta Dias., v. Maria Monica Rodrigues and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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