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The High Court quashed and set aside the trial court's order that rejected an application under Order 7 Rule 11 of the CPC and improperly decided three motions simultaneously without framing issues, essentially deciding the suit on merits. The High Court remanded the case back to the trial court with liberty for the appellant to move an application under Order 7 Rule 13 of the CPC. The parties are directed to appear before the trial court on October 3, 2023.

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41 views2 pages

Display pdf-102

The High Court quashed and set aside the trial court's order that rejected an application under Order 7 Rule 11 of the CPC and improperly decided three motions simultaneously without framing issues, essentially deciding the suit on merits. The High Court remanded the case back to the trial court with liberty for the appellant to move an application under Order 7 Rule 13 of the CPC. The parties are directed to appear before the trial court on October 3, 2023.

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PankajKumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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37-FA-626-2023.

doc

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY


CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.626 OF 2023
A/W
INTERIM APPLICATION NO.12717 OF 2023
IN
FIRST APPEAL NO.626 OF 2023

Tegbahadur Singh through His Constituted ]


Attorney Mr. Sunil Tegbahadur Singh ] Appellant
vs.
Sureshkumar Chandmal Vageria and another ] Respondents

…..
Mr. Atul Damle, Senior Advocate holding for Mr. Vijay Mishra, for
Appellant.

Mr. S.R. Mishra, for Respondent No.1.

Mr. Yatin Malvankar a/w Mr. Kuldeep Singh, Mr. Pankaj Mishra i/b
Mr. Gurubala Birajdar, for Respondent No.2.
…..

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 8th September, 2023.


P.C.

1. Heard learned Counsel for the parties.

2. While rejecting an application under Order-7, Rule- 11 of the

Code of Civil Procedure, 1908 (for short “C.P.C”), learned Judge

has unnecessarily entered into the arena of deciding three Notices

of Motion simultaneously and disposed of the suit which procedure

1 of 2
37-FA-626-2023.doc

is unknown to the law. It appears that the trial Court has almost

decided the suit finally on merits without framing issues. Be that as

it may.

3. With the consent of the learned Counsel for the parties, said

order is quashed and set aside. Parties are relegated to the trial

Court with liberty to the appellant to move an application under

Order-7, Rule-13 of the C.P.C.

4. The parties shall appear before the trial Court on 3 rd October,

2023.

5. The appeal is disposed of in the aforesaid terms.

6. In view of disposal of the appeal, pending applications, if any,

stand disposed of.

[PRITHVIRAJ K. CHAVAN, J.]

Signed by: Shailaja Halkude


Designation: PA To Honourable Judge 2 of 2
Date: 11/09/2023 15:05:25

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