Full Order Text
Order 1 · 29 Sept 2018 · CNR MHCC010026382018
Order Details: Order below exhibit Pdf Text: Exh. No. 2 In Suit No.601/2018 1 Dt.29/9/2018 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI ORDER BELOW EXHIBIT NO. 2 IN LONG CAUSE SUIT NO. 601 OF 2018 Sitaram Govind Abgul ].. Plaintiff. V/s. Marathon Builder & Anr. ].. Defendants Shri Singh Ld. Advocate for the plaintiff. Shri Tare Ld Advocate for Defendant No.1 Ms. Mhatre Ld Advocate for the MMC/Defendant No.2 CORAM : HIS HONOUR JUDGE SHRI C.V. MARATHE (C.R.NO.08) DATE : 29/09/2018 ORAL ORDER 1. This is an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 by the defendant no.1 for rejection of the plaint on the grounds that the plaint does not disclose cause of action, the relief claimed is under valued and the suit is barred by Section 41(j) of the Specific Relief Act, 1963. 2. It is settled principle that for rejection of plaint the averments made in the plaint only are relevant. Paragraph no.21 of the plaintiff discloses cause of action . Similarly, after going through the whole plaint proper valuation is made under Section 6(iv)(j) of the Bombay Court Fees Act. Therefore, the plaint is not liable to be rejected on the -- 1 of 3 -- Exh. No. 2 In Suit No.601/2018 2 Dt.29/9/2018 ground of non disclosure of cause of action and under valuation of the suit. 2. It is alleged that the plaintiff has no personal interest in respect of the suit property . However, no material is filed in support of this claim. Another ground is that the defendant no.1 is not the owner of the of the suit property and therefore the plaint is liable to be rejected. However, if the defendant no.1 is claiming that he has no concern with the suit property , it is open for the him to apply for deletion of his name .On the said ground the application for rejection of plaint is not tenable. For the aforesaid reasons, application is liable to be rejected . Hence, order. ORDER 1. Application (Exh.2) is rejected (C.V.MARATHE) Judge, Date: 29.09.2018. City Civil Court, Gr. Bombay. Dictated on : 29/09/2018 Transcribed on : 29/09/2018 Signed on : /09/2018 -- 2 of 3 -- Exh. No. 2 In Suit No.601/2018 3 Dt.29/9/2018 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 29/09/2018 At 4.30 pm. MRS. R.R.HATE UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court Room No.) HHJ SHRI C.V.MARATHE (C.R.NO.08) Date of pronouncement of Judgment/Order 29/09/2018 Judgment/Order signed by P.O. on 29/09/2018 Judgment/Order uploaded on 29/09/2018 -- 3 of 3 --