DR. ASHOK Vs. VINKAR BHAVAN

JUDGEMENT

(1.) HEARD Mr. Bhangde, learned Senior Advocate assisted by Mr. Agrawal, Advocate for the petitioner and Mr. Shelat, Advocate for the respondent. Rule. Rule is made returnable forthwith.

(2.) THE challenge is to the order passed by the Trial Court on 17.06.2013 rejecting the preliminary objection filed by the petitioner -defendant to the maintainability of the suit at the behest of the respondent on the ground that the respondent is neither natural person nor juridical person and to the order passed by the District Court on 2nd of May 2013 upholding the order passed by the trial Court. The petitioner has also challenged the order passed by the trial Court on 17th June, 2013 rejecting the application filed by the petitioner for dismissal of the proceedings for non -joinder of necessary parties.

(3.) THE submission of Mr. Bhangde, learned Senior Advocate is that the respondent "Vinkar Bhavan" is neither juridical person nor natural person to maintain the suit. Mr. Bhangde, learned Senior Advocate has submitted that the preliminary objection filed by the petitioner be treated as under Order VII Rule 11(a) of the Code of Civil Procedure and as the respondent (Vinkar Bhavan) is neither natural person nor juridical person, no cause of action arises in its favour and it cannot maintain the civil suit and, therefore, the Trial Court was an under an obligation to reject the plaint. The submission on behalf of the petitioner is that the Trial Judge has committed an error in not rejecting the plaint as per the mandate of Order VII Rule 11(a) of the Code of Civil Procedure and has erroneously postponed the decision on the issue. Mr. Bhangde, learned Senior Advocate for the petitioner has submitted that the Appellate Court has also committed same mistake by dismissing the appeal.