Subhashdevi W/O Late Kailashnarayan Pandey v. Umadevi Shaileshkumar Tripathi and Ors.
Civil Procedure – Order VII Rule 3 CPC – Rejection of plaint
Case brief
What is this about?
Bombay High Court, First Appeal No. 2471 of 2025, decided 10th December 2025 by M.M. Sathaye, J. Appeal against rejection of plaint under Order VII Rule 3 CPC in a partition/declaration suit (S.C. Suit No. 1558 of 2016). Exhibit-B descriptions of the five suit properties, with survey/record identification and no denial of identification by Defendants 2 & 4 (Exh.16), held sufficient; plaint rejection during the plaintiff's incomplete cross-examination set aside; suit restored to the City Civil Court, Mumbai for trial from the stage reached; merits expressly left open. No precedents discussed; no quantum involved.
What did the court decide?
First Appeal allowed; impugned Judgment and Decree dated 13.10.2025 passed in S.C. Suit No. 1558 of 2016 by the Judge, City Civil Court, Mumbai, set aside; suit restored to the file of the Trial Court for hearing in accordance with law; trial directed to proceed from the point/stage at which it stood when the impugned order was passed; no opinion expressed on the merits, which are kept open.