Almas Banoo Kadri v. Fahim Abdul Rehman Dalvi
Case brief
What is this about?
The court issued notice on admission for three substantial questions of law regarding the rejection of a plaint for limitation and the applicability of Order VII Rule 11 CPC. Interim protection regarding possession was continued until the next date of hearing for the interim application.
What did the court decide?
Ad-interim protection granted to the appellant continued till the next date of hearing.
What the court decided
53-sast-21483-2024-ia-11619-2024.doc
varsha
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
SECOND APPEAL(ST) NO. 21483 OF 2024
WITH
INTERIM APPLICATION NO. 11619 OF 2024
IN
SECOND APPEAL(ST) NO. 21483 OF 2024
Almas Banoo Kadri … Appellant/Applicant
vs.
Fahim Abdul Rehman Dalvi … Respondent
Mr. A.H. Khatri, for Appellant. Mr. Sandeep Mishra, for Respondent.
CORAM : GAURI GODSE, J. DATED : 27th AUGUST 2024
Issues for consideration
3 issues framed by the court
Whether the plaint could have been rejected on the ground that the suit was barred by limitation though there was a specific cause of action pleaded?
Whether the point of limitation amounts to a mixed question of law and fact which could have been decided on the application filed for rejection of plaint under Order VII, Rule 11 CPC?
Whether the reasons recorded in the impugned judgment amount to misappreciation of facts and law regarding limitation?
Parties & counsel
- appellant
Almas Banoo Kadri
- respondent
Fahim Abdul Rehman Dalvi
Coram
Gauri Godse
Case details
As recorded by the court registry
All orders in this case
8 orders share this CNR
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