Rajendra Manik Shinde v. Shahaji Narayan Shinde
Case brief
What is this about?
CRA 582/2023, High Court of Judicature at Bombay, Sandeep V. Marne J.; revision under Section 115 CPC; Order 7 Rule 11 application for rejection of plaint rejected by Trial Court 6 July 2023 (Exh.24); suit for declaration of larger land area, lesser area shown in revenue records under Consolidation Scheme; knowledge of lesser-area mutation claimed from 2017; Applicants' contention of cause of action arising from 1983 partition; cause of action and knowledge held disputed questions of fact requiring evidentiary enquiry; CRA rejected, no interference with impugned order; limitation issue kept open; Interim Application No. 10350 of 2025 (restoration) disposed.
What did the court decide?
Whether the cause of action is actually relatable to implementation of the Consolidation Scheme and whether the Plaintiffs really acquired knowledge of mutation of the lesser area in the year 2017 are disputed questions of fact for which intrinsic evidentiary enquiry would be necessary.