The Writ Petition challenged the order rejecting the plaintiffs sue under Order VII Rule 11 of the CPC. The High Court held there was cause of action and dismissed the petition summarily.
The petition was dismissed summarily without costs.
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 ) wp831.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 831 OF 2017
Shaikh Shakil Shaikh Mustaq & Ors...Petitioners
Versus
Shaikh Abdul Naseem Abdul Razzak & ors. ..Respondents
Mr.K.A. Ingle, Advocate for the petitioners.
CORAM : S.B. SHUKRE,J.
DATED :17.02.2017
P.C. :-
1.Heard. This petition seeks to challenge the
legality and correctness of the order dated 15.12.2016 passed
by the learned Civil Judge rejecting the application of the
petitioners filed under Order VII Rule 11 of the C.P.C.,
praying for indulgence of the Civil Court to reject the
plaint on the ground that there is no cause of action arising
in favour of the respondents to file the suit.
2.Bare perusal of the plaint discloses that the
pleadings therein disclose the cause of action. It is case of
the petitioners that the original plaintiffs i.e. the
respondents do not have any cause of action. In such case,
the petitioner will have to wait till the full fledged trial
is held. The view taken by the Civil Judge is correct in law
and therefore no interference is warranted. The petition is
dismissed summarily. No costs.
snk/2017/FEB17/ wp831.17
1 issue framed by the court
Whether the High Court should interfere with the Civil Judge's rejection of the plaint under Order VII Rule 11 of the CPC due to absence of cause of action.
1 provisions across 1 enactments
Shaikh Shakil Shaikh Mustaq & Ors.
Shaikh Abdul Naseem Abdul Razzak & ors.
S. B. Shukre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court