Interim Order 1

Order Details: Order below exhibit
Pdf Text: Exh. No. 2 In Suit No.602/2018 1 Dt.29/9/2018
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
ORDER BELOW EXHIBIT NO. 2
IN
LONG CAUSE SUIT NO. 602 OF 2018
Parvati M. 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.19 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
ground of non disclosure of cause of action and under valuation of the
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Exh. No. 2 In Suit No.602/2018 2 Dt.29/9/2018
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
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Exh. No. 2 In Suit No.602/2018 3 Dt.29/9/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
29/09/2018 At 5.10 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
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