Milan Bharat Gupta v. Ila Bharat Gupta

(23)-FA-226-24.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.03.04 10:49:11 +0530 FIRST APPEAL NO.226 OF 2024 BALAJI GOVINDRAO PANCHAL Milan Bharat Gupta ..Appellant

Versus

Ila Bharat Gupta & Ors.

..Respondents Mr. Rajesh Jain a/w Rohit Jain & Neha Doshi i/by Legal Juris, for the Appellant.

Mr. Milan Gupta - Appellant present though VC. CORAM : KISHORE C. SANT, J.

DATE : 1st MARCH, 2024 P.C.

1.

Heard for sometime.

2.

This Appeal is preferred against order passed by the Trial Court under Order VII Rule 11 of the CPC rejecting the plaint. It is contention of the Appellant that the Court has rejected the plaint even prior to filing of written statement by the Defendants. He relies upon judgment reported in AIR 1986 Bombay 46 in the case of Nishit M. Prabhu Verlekar Vs. Chandrakant Vinayak Dhume & Ors. 3.

Issue notice to Respondents, returnable on 12th April, 2024, indicating that in case this Court finds time, matter will be taken up for final disposal at the stage of admission.

4.

Appellant is at liberty to serve the Respondents privately in addition to Court notice and file affidavit to that effect. [KISHORE C. SANT, J.] BGP.