Nandlal J. Jumani v. Rahul Panjabi

1 CRA 228-10.doc-245

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.228 OF 2010 Nandlal J. Jumani.

] ... Petitioner

Versus

Rahul Panjabi.

] ... Respondent None for Petitioner.

None for Respondent.

CORAM :- M. S. SONAK, J.

DATE :- MAY 08, 2015 P. C. :- 1.

None for Petitioner. This petition was admitted on 08/12/2010 but stay on further proceedings in the suit was declined. 2.

It is possible that the suit by now has been disposed of. In any case, the impugned order rejected the Petitioner's application under Order 7 Rule 11 of the CPC on the ground that cause of action was indeed disclosed in the plaint.

3.

At this stage, there is no point in interfering with the impugned order. The suit is of the year 2008. In para 6 of the impugned order, the averments in the plaint which indeed disclose URS

2 CRA 228-10.doc-245 cause of action. The cause of action is stated to have arisen on account of unilateral cancellation of a Memorandum Of Understanding by the Defendant.

4.

In these circumstances, it cannot be said that there is any jurisdictional error in the making of the impugned order. Civil Revision Application is accordingly dismissed. (M. S. SONAK, J.) URS