Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 4828-19 in S.C.Suit no.1616-2014
1 Date :01.02.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 4828 OF 2019
IN
S.C. SUIT NO. 1616 OF 2014
(CNR MHCC01 0131962019 )
Mr. Dashrath Vithoba Sawant .. Plaintiff
Versus
Smt. Sharada Shantaram Surve .. Defendant
Appearances :
Adv.Prasad Gaonkar for plaintiff.
Adv.Aditya Mody for defendant.
Coram : His Honour Judge
Shri. A.H.Laddhad
Judge
CR No. : 07
Date : 01.02.2020
ORDER
1. The defendant has filed instant Notice of Motion for framing
of additional issue of limitation, jurisdiction and suit barred by any
other law.
2. The Notice of Motion vehemently opposed by the Advocate
for the plaintiff. Heard both the sides.
3. In my view, as per Section 3 of Limitation Act, this Court is
duty bound to give its findings on limitation. Hence, no prejudice
would cause if, that issue is not framed earlier. Secondly, the issue
of jurisdiction and barred by any other law is the question of law
for which no separate issue is required. Inspite of that the above
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2 Date :01.02.2020
three issues can be framed, as no prejudice would be caused to the
defendant. Thus, Notice of Motion needs to be allowed. Thus, I
proceed to pass the following order :
ORDER
1. Notice of Motion No. 4828 of 2019 is hereby allowed in
terms of prayer clause (a).
2. Defendant to bear cost of Notice of Motion.
3. Notice of Motion No. 4828 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 01.02.2020 Greater Bombay.
Dictated on : 01.02.2020
Typed on : 04.02.2020
Draft Submitted on : 04.02.2020
Checked on : 07.02.2020
Signed on : 07.02.2020
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3 Date :01.02.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
07/02/2020 at 4.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
01/02/2020
JUDGMENT/ORDER signed by P.O.
on
07/02/2020
JUDGMENT/ORDER uploaded on 07/02/2020
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NM 4828-19 in S.C.Suit no.1616-2014
4 Date :01.02.2020
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