REGENT COMPUTRONICS PVT. LTD.

VADILAL NANDLAL SHAH Appellant

V/S

RAMESH DHARAMDAS MEHTA Respondents

Referred Judgements :-

VIDHARBHA KSHTRIYA MALI SHIKSHAN SANSTHA VS. MAHATMA FULEY SHIKSHAN SAMITI,AMRAVATI [REFERRED TO]
NARESH AMRITLAL SHAH VS. KANULAL CHUNILAL SHAH [REFERRED TO]
CHAIRMAN MADAPPA VS. M N MAHANTHADEVARU ANA [REFERRED TO]
KANBI MANJI ABJI VS. KANBI VAGHJI MAVJI [REFERRED TO]
S R BOMMAI VS. UNION OF INDIA [REFERRED TO]
M ISMAIL FARUQUI MOHD ASLAM HARGYAN SINGH THAKUR VIJAY RAGHO BHAGWAN BIRAJMANMANDIR JAMIAT ULAMA E HIND VS. UNION OF INDIA [REFERRED TO]
NARMADABAI VS. TRUST SHRI PANCHVATI BALAJI MANDIR [REFERRED TO]
A S NARAYANA DEEKSHITULU VS. STATE OF ANDHRA PRADESH [REFERRED TO]
VINAYAKA DEV IDAGUNJI VS. SHIVARAM [REFERRED TO]
PREM LALA NAHATA VS. CHANDI PRASAD SIKARIA [REFERRED TO]
KAMALA VS. K T ESHWARA SA [REFERRED TO]
SIDRAMAPPA NAGAPPA ABDULPURKAR VS. GURU MAHASHIVSHARANI BASAVAMBIKADEVI [REFERRED TO]
MAHOMED HASSAN SAMRU VS. PEER HAZARATH DIWANSHAH DARGAH TRUST [REFERRED TO]
SAINATH MANDIR TRUST VS. VIJAYA [REFERRED TO]
DATTA DEVASTHAN TRUST VS. MILIND GOVIND KSHIRSAGAR [REFERRED TO]
MAHARASHTRA SHETKARI SEVA MANDAL VS. BHAURAO BAYAJI GARUD [REFERRED TO]

JUDGEMENT

(1.) This is a Notice of Motion by defendant Nos. 1, 3, 4 and 5 in the NMS715-10 2 suit for claiming following relief:

(2.) In effect this is a notice of motion invoking this Court's power under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 (for short CPC). The CPC has such a provision so that the Court can reject the plaint not only when it does not disclose a cause of action or where the relief claimed is under valued and the plaintiff on being required by the court to correct the valuation within a time frame failed to do so or when the relief claimed is properly valued but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the court to supply the requisite stamp paper within a time to be fixed by the court, fails to do so. Importantly, where the suit appears from the statement in the plaint to be barred by any law.

(3.) It is this provision which is being invoked in the instant case by the defendants. Natuarally, therefore, the statement in the plaint will have to be seen for deciding the present notice of motion.

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VADILAL NANDLAL SHAH Vs. RAMESH DHARAMDAS MEHTA

Referred Judgements :-

JUDGEMENT

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