Shri Vasu Sinha Mullya v. Shri. Mansingh Bhagwan Shinde

1/2 15-WP.407-17.doc [Vasu v. Mansingh]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.407 OF 2017 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Vinod Sangvikar i/b.

Umesh Mankapure, Advocate for Petitioners.

CORAM : R. G. KETKAR, J.

DATE : 25/01/2017 P.C.:

1.

Heard Mr.Vinod Sangvikar, learned Counsel for the petitioners.

2.

By these petitions under Article 227 of the Constitution of India, the petitioner hereinafter referred to as 'defendant No.1', has challenged the judgment and order dated 20.8.2015 passed by the learned Jt. Civil Judge, Junior division, Sangli below Exhibit-15 in R.C.S. No.56/2010. By that order, the learned trial Judge rejected the application filed by the defendant for rejecting the plaint on the ground that the suit is under valued.

2/2 15-WP.407-17.doc [Vasu v. Mansingh] 3.

The learned trial Judge has held that the the issues were framed on 20.12.2012. One of the issues is "Whether suit is under valued?" As the issue is already framed, it is necessary to allow the parties to lead their evidence in the suit. The learned trial Judge, therefore, held that the application under Order VII Rule 11(b) is not maintainable. I do not find that any error is committed by the learned trial Judge. In view thereof, the Petition is dismissed with liberty to the defendant to file application under Section 8 of the Maharashtra Court Fees Act requesting the trial Court to hold enquiry as contemplated therein. Order accordingly.

(R. G. KETKAR, J.) Deshmane(PS)