Writ petition challenging an order dismissing an application to reject a counter-claim. The Court upheld the trial court's finding that the petitioner failed to establish grounds for rejection under Order VII Rule 11 CPC and dismissed the petition.
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.
2024:BHC-AUG:26259
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9279.24WP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
11 WRIT PETITION NO. 9279 OF 2024
SYED ISA SYED DADU VERSUS
NUZHAT FATEMA MUNWAR KHAN
Advocate for the petitioner : Mr.N.K.Tungar
CORAM : ARUN R. PEDNEKER, J. DATE : 21.10.2024
P.C. :
1] By the present petition, the petitioner challenges the order dated 20.06.2024 passed by the 4th Joint Civil Judge Junior Division, Parbhani below Exh.26 in Regular Civil Suit No.12/2022 whereby the trial Court dismissed the application filed by the plaintiff for rejection of counter claim of the respondent-defendant.
2] The trial Court held that in order to obtain relief of rejection, the petitioner - plaintiff has to make out one of the ground provided under Order 7 Rule 11 of Civil Procedure Code. However, after considering the contentions of the plaintiff, it is seen that the plaintiff has failed to show that application is covered by provisions of Order 7 Rule 10 of the CPC. Therefore, the trial Court has rightly rejected the application filed by the petitioner-plaintiff. Before this Court also no ground made out for rejection of counter
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9279.24WP
claim. Thus, I see no error in the impugned order passed by the trial Court. The present Writ Petition is dismissed.
[ARUN R. PEDNEKER] JUDGE
DDC
1 issue framed by the court
Whether the counter claim of the respondent-defendant deserves to be rejected under Order VII Rule 11 CPC?
2 provisions across 1 enactments
SYED ISA SYED DADU
NUZHAT FATEMA MUNWAR KHAN
ARUN R. PEDNEKER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
