Shri. Nikhil Kishor Bawane and Othes v. Sau. Nandatai Alias Nirmala Vinayak Hajare and Others
Civil Revision Application – Order VII Rule 11 CPC – rejection of plaint
Case brief
What is this about?
Bombay High Court, Nagpur Bench; CRA No.166/2025; Rohit W. Joshi, J.; decided 20/01/2026. Nikhil Kishor Bawane and others v. Nandatai alias Nirmala Vinayak Hajare and others. Challenge to order dated 06/11/2024 of the 2nd Joint Civil Judge, Junior Division, Gadchiroli on the Exh.44 application for rejection of plaint under Order VII Rule 11 CPC in Regular Civil Suit No.21/2024 (partition; declaration that relinquishment deed dated 01/02/2002 is illegal and void). Held: with plaint averring knowledge acquired February 2023 and 7/12 extract downloaded 29/12/2023, no limitation bar disclosed on the face of the plaint; Civil Revision Application rejected (dismissed).
What did the court decide?
A contention that the plaintiffs' plaint averment regarding the date of their knowledge of the relinquishment deed is incorrect, and gives rise to a presumption that the plaintiffs were always aware of the said document, cannot be accepted while dealing with an application under Order VII Rule 11 of the Code of Civil Procedure.