Date: 12-02-2019
Business: Adv. D.S.Chandnani for plaintiff present.
Adv. Pillai for def. no.1c and d present.
Adv. Mrs. Mhatre for defendant no.2/MCGM present.
Adv. for plaintiff tendered reply in NM No. 524/19.
Adv. Pillai for def. no.1C and d present.
Copy is received by other side.
Adv. for defendant no.1c and 1d is directed to tender original NM no. 524/19 on next date.
Adjd. to 07.03.2019 for hearing on NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-03-2019
Date: 07-03-2019
Business: Adv. Mr. Chandnani for Plff present.
Adv. Mr. Pillai for Deft No.1C and 1D present and tendered registered N/M No.524/19. t.o.r.
Adv. Mrs. Mhatre for MCGM/Deft. No.2 present.
Heard arguments of Adv. for Deft No.1C and 1D and Adv. for Plff on N/M No.524/19.
Adjd to 14/3/2019 for order on N/M No.524/19.
Next Purpose: NM ORDERS
Next Hearing Date: 14-03-2019
Date: 14-03-2019
Date: 15-03-2019
Business: Notice of Motion is disposed off on 14/3/2019.
Adv. Mr. Chandnani for Plff present.
None for Deft No.1C and 1D
Adv. Mrs. Mhatre for MCGM/deft. No.2 present.
Order on N/M No.524/19
Perused contents of N/M, reply filed thereto and heard arguments advanced by both sides. By way of this motion the Defts are praying for rejection of plaint for want of leave under O.II R.2 of CPC. According to them the Plff had earlier instituted Suit No.7762/02 and subsequently filed the instant suit on the same cause of action. It is further averred that the contentions made in this suit could have been made in the earlier suit and such subsequent plaint without leave under O.II R.2 of CPC is liable to be rejected.
The Plff has filed affidavit in reply contending that the instant motion has been filed to nullify order passed by Hon\''ble Bombay High Court, the Defts are playing fraud upon the Court, therefore the motion be dismissed.
After going through the record, the matter is of the year 2005. It means the instant motion has been filed after a period of 14 years. Roznama shows that on 25/1/2018 list of documents (Exh.12) were filed. It further reveals that matter was fixed for recording of evidence from 1/7/2016. It means the matter has reached stage of recording evidence in the year 2016. The Defts had sufficient opportunity to file such motion at the earliest.
After going through the prayers made in both suits, they are not one and the same. The causes of action shown in both the suits are different. It is also important to note that Hon\''ble Bombay High Court disposed of N/M No.888/06 on 8/7/2009. No plea was made before the Hon\''ble High Court regarding bar of suit under O.II R.2 of CPC. As such I do not find any merits in the motion and the same is dismissed with costs.
Adjd to 30/3/2019 for cross of PW-1.
Nature Of Disposal: DISMISSED
Disposal Date: 15-03-2019
