Shankuntala Wd/O Ramkuber Tripathi (Dead) Thr. Lrs. Ajay Ramkuber Tripathi And Others v. Abhishek Ramshchandra Gautam And Others

1 66-cra-69-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL REVISION APPLICATION NO. 69 OF 2024 Shakuntala Wd/o. Ramkuber Tripathi and others Vs.

Hirenddra Onkarprasad Gautam and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Shri K. S. Narwade, Advocate for applicants. CORAM :- M. W. CHANDWANI, J.

DATED :- 15.04.2024 Heard.

2.

The revision application challenges the order dated 11.03.2024, passed below Exh. 20, in Regular Civil Suit No. 504/2023 by the learned Civil Judge Junior Division, Akola thereby rejecting the application of the applicants under Order 7, Rule 1 of the Civil Procedure Code for rejection of the plaint.

3.

The contention is that the suit is hopelessly barred by the limitation as well as the issues in the present suit have already been decided in the earlier suit. It is further contended that inspite of the fact that the plaintiff in the earlier suit was served with copy of the plaint, the Trial Court hold that said suit was not decided on merits because the plaintiff had not filed the written statement.

RR Jaiswal

2 66-cra-69-24.odt 4.

Issue notice to the non-applicants, returnable in two weeks.

5.

The Trial Court shall not proceed in the matter till the next date of hearing.

(M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 15/04/2024 18:34:56 RR Jaiswal