Rashna Shajinath Nair v. Nilima Mukharjee W/O Akshay Kumar Mukharjee Thr.Coa. Deepshikha Jayantakumar Ray And ANR.

(4)CRANo.4472018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.447 OF 2018 Rashna Shajinath Nair ...

Applicant

Versus

Nilima Mukharjee w/o.

Akshay Kumar Mukharjee & Anr. ...

Respondents .....

Mr.Saurabh Oka, Advocate for the Applicant.

Mr.Satyakumar M. Shettigar, Advocate for the Respondent No.1. ....

CORAM : A.M.BADAR J.

DATED : 7 th NOVEMBER 2019.

P.C. :

This is the petition by the defendant No.1, whose prayer for rejection of plaint moved as per provisions of Order VII Rule 11(d) of the Code of Civil Procedure came to be rejected by the learned trial Court.

Heard the learned Counsel for the petitioner/ defendant No.1. He argued that in view of provisions of Section 383 of the Indian Successions Act, 1925, the plaintiff ought to have moved necessary application for revocation of the Heir-ship Certificate and in view of the provisions of Section 383 of the Indian Successions Act, 1925 jurisdiction of the Civil Court is Gaikwad RD 1/2

(4)CRANo.4472018.odt impliedly barred and, as such, the learned trial Court was in error for rejecting the application for rejection of the plaint. I have considered the submissions so advanced and also perused the impugned Order as well as prayer made by the plaintiff in the suit.

The relief claimed in the suit is not restricted to revocation of the Certificate, but other reliefs are also claimed by filing the plaint by the plaintiff. As such, no error can be found in the impugned Order. The learned trial Court has exercised its jurisdiction according to law.

The petition is devoid of merit and the same, therefore, is dismissed.

(A.M.BADAR, J.) Gaikwad RD 2/2