Niranjan S/O Bhaurao Chaudhari v. Waman Bhaurao Chaudhari (Since Dead) Thr. Lrs. Smt. Satyabhama Wd Wamanrao Chaudhari And Others

1 cac34.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Civil Application (CAC) No.34/2019 in Civil Revision Application Stamp No.350/2019 Niranjan Chaudhari Vs. Waman Chaudhari (D) Through LRs and Anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.L. Khapre, Advocate for appellant Mr. B.M. Dafle, Advocate for respondents CORAM :MANISH PITALE, J.

DATED : NOVEMBER 13, 2019 This is an application for condonation of delay of 5 days in filing the accompanying Civil Revision Application.

2.

For the reasons stated in the application, the same is allowed and the delay is condoned.

Civil Revision Application Stamp No.350/2019 Heard learned counsel for the applicant (original defendant). By the impugned order, the Trial Court has rejected the application filed on behalf of the applicant for rejection of plaint under Order VII Rule 7 of the Code of Civil Procedure. It is contended that even if pleadings as stated in the plaint are taken on the face of it, no cause of action is made out. Therefore, application under Order VII Rule 7 of the Code of Civil Procedure ought to have been allowed.

2 cac34.19.odt 2.

Issue notice for final disposal, returnable in 4 weeks.

3.

Mr. D.M. Dafle, learned Advocate waives notice on behalf of all respondents.

4.

In the meanwhile, there shall be stay in terms of prayer clause (iv).

JUDGE MP Deshpande