Dr. Markandrao Anantram Pardhi And Others v. Shri Radhakrishna Mandir Deosthan Trust Samitee, Thr. Secretary, Babulal D. Patle, Goregaon Gondia

cra42.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL REVISION APPLICATION NO. 42/2021 Markandrao Anantram Pardhi and ors...Versus...Shri Radhakrishna Mandir Deosthan Trust Samittee.

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CORAM : AVINASH G. GHAROTE, J.

DATE : 20/12/2021 Heard Mr. Dhawas, learned counsel for the applicant, who challenges the impugned order dated 28.02.2020 passed below Exh. 64 rejecting the application for rejection of plaint. The grounds raised are (a) trustees are not parties, (b) permission under Section 50 of the Maharashtra Public Trust Act not obtained, (c) requirement of Order 7 Rule 11 (14) (2); Order 6 Rule 15 and Order 4 Rule 1 & 5 have not been complied with and (e) Section 11 of CPC.

In my considered opinion these are not the grounds which are covered by Order 7 Rule 11 and ought to be considered by the learned trial Court during the course of trial, considering which the civil revision application is dismissed. No costs.

JUDGE Digitally sign byRAJESH VASANTRAO JALIT Location:

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