Civil Revision Application challenging dismissal of a notice of motion under Order 11 Rule 21 CPC. The High Court held that since evidence was over and suit at the stage of arguments, the application could not be entertained.
Civil Revision Application is dismissed.
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.
p503-cra-396-17.doc
Trupti
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO. 396 OF 2017
Shri Mahesh Kumar Nandrajog Legal heirs of late Shri Radhakrishan R. Nandrajog
…Applicant
Versus
P.S.Smabamoorthy & Ors.
…Respondents
Mr.Amit A. Gharte for the Applicant. Mrs.S.A.Dhande for Respondent No.1
CORAM: Mrs.MRIDULA BHATKAR, J. DATED: JULY 25, 2017
P.C.
Page 1 of 2
p503-cra-396-17.doc
Trupti
2 In the present case, the Suit is at the stage of arguments. The evidence of the parties is over. Thus, the Suit has crossed the stages under Orders 14,16 and 18 of the Code of Civil Procedure. The entire case of the plaintiff and the defendants' defence is unfolded before the trial Court and at this stage, the application under Order 11 Rule 21 of C.P.C. cannot be entertained. The learned Judge has rightly dismissed the Notice of Motion. The contentions of the defendants in respect of the documents or not giving inspection or not answering discoveries are always open and that can be appreciated on the basis of entire evidence. There is no need to disturb the order passed by the learned Judge.
(MRIDULA BHATKAR, J.)
Page 2 of 2
2 issues framed by the court
Whether the application for dismissal of suit under Order 11 Rule 21 CPC after evidence is over can be entertained by the Court.
Whether the impugned order dismissing the notice of motion stands correct given the stage of the suit.
1 provisions across 1 enactments
Shri Mahesh Kumar Nandrajog Legal heirs of late Shri Radhakrishan R. Nandrajog
P.S.Smabamoorthy & Ors.
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
