The Court dismissed a Special Civil Application seeking a direction for the determination of maintainability of a civil suit via preliminary issue or rejection under Order VII Rule 11 CPC, holding such prayer misconceived for a writ under Articles 226 and 227 of the Constitution.
None.
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C/SCA/18256/2022 ORDER DATED: 02/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18256 of 2022
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BHAVESHBHAI DEVRAJBHAI BORAD
Versus
STATE OF GUJARAT
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Appearance:
MR. MANOJ T DANAK(6264) for the Petitioner(s) No. 1 for the Respondent(s) No. 10,11,12,13,14,15,2,3,4,5,6,7,8,9 MS. ROSHNI PATEL, ASSISTANT GOVERNMENT PLEADER/PP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV Date : 02/12/2022 ORAL ORDER
The prayer in the petition is that a direction be
issued to the concerned lower Court to look into the maintainability of Special Civil Suit No. 85 of 2022 by way of framing preliminary issue and if necessary, petitioner to file application under Order 7, Rule 11 of CPC for rejection of the plaint i.e. Special Civil Suit No. 85 of 2022 pending before the Court of learned Principal Senior Civil Judge, Mirzapur, Ahmedabad.
It is not for this Court in petition under Articles 226 and / or 227 of the Constitution of India to entertain such a prayer. The petition is misconceived, hence dismissed.
(BIREN VAISHNAV, J)
BIMAL
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Bhaveshbhai Devrajbhai Borad
State of Gujarat
Biren Vaishnav
As recorded by the court registry
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