This judgment dismisses a writ petition challenging a trial court's refusal to apply Order VII Rule 11 CPC to reject a plaint on limitation grounds as it required determining a mixed question of fact and law.
The Writ Petition was dismissed. No order as to costs was made.
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 07-WP2400-2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 2400 OF 2024
(SMT. ROSHNI JAIPRAKASH @ AMOL TANDON....VS.. SHAIKH MAJID SHAIKH HAIDAR)
CORAM : A NIL S. KILOR, J. DATED : APRIL 18, 2024.
JUDGE
RRaut..
1 issue framed by the court
Whether a judicial rejection of an application to reject a plaint on limitation grounds, due to it being a mixed question of fact and law, warrants interference in a writ petition.
1 provisions across 1 enactments
Sm. ROSHNI JAIPRAKASH @ AMOL TANDON
SHAIKH MAJID SHAIKH HAIDAR
NIL S. KILOR, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
