REGENT COMPUTRONICS PVT. LTD.

Poonam Manharlal Bhagat Appellant

V/S

Dineshbhai Bhuraji Mali Respondents

Referred Judgements :-

WARYAM SINGH VS. AMARNATH [REFERRED TO]
BABHUTMAL RAICHAND OSWAL VS. LAXMIBAI R TARTA [REFERRED TO]
LAXMIKANT REVCHAND BHOJWANI VS. PRATAPSING MOHANSINGH PARDESHI [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. R P KHAITAN [REFERRED TO]
OUSEPH MATHAI VS. M ABDUL KHADIR [REFERRED TO]
NATIONAL INSURANCE CORPORATION LIMITED CHANDIGARH VS. NICOLLETTA ROHTAGI [REFERRED TO]
SADHANA LODH VS. NATIONAL INSURANCE COMPANY LIMITED [REFERRED TO]
SURYA DEV RAI VS. RAM CHANDER RAI [REFERRED TO]
SHALINI SHYAM SHETTY VS. RAJENDRA SHANKAR PATIL [REFERRED TO]
DALMIA JAIN AIRWAYS LTD. VS. SUKUMAR MUKHERJEE [REFERRED TO]
CHIDANAND ASHRAM (SWAMIJI VADI) VS. MAFATLAL FATECHAND SHAH [REFERRED TO]
VAJABHAI POLABHAI KANJARIYA AND ANOTHER VS. PRABHUBHAI TAHKERSHIBHAI KAHNJHARIYA AND OTHERS [REFERRED TO]

JUDGEMENT

(1.) Impugned in all these petitions are the similar orders passed by the trial court in different suits whereby application of the petitioners original defendant under Order VII Rule 11 of the Code of Civil Procedure, 1908 came to be dismissed. The order in the first captioned petition, for instance, is the order below Exh.26 in Regular Civil Suit No.48 of 2015 passed by learned Principal Civil Judge, Amirgadh, District Banaskantha.

(2.) Since learned advocate for the respondent Mr.P.S. Champaneri raised a preliminary objection that the remedy to challenge the impugned orders would be Civil Revision Application under Section 115, CPC and not the petition under Article 227 of the Constitution, adverting to the factual merits was not necessary as the said preliminary aspect is being considered at the outset.

(3.) Section 115, CPC, reads as under.

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POONAM MANHARLAL BHAGAT Vs. DINESHBHAI BHURAJI MALI

Referred Judgements :-

JUDGEMENT

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