SANJAY PURSHOTTAM AGRAWAL Vs. NIRMALADEVI SHANTILAL RUPAREL

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners.

(2.) THE petitioners are the original defendants in a suit filed by respondents Nos. 1 to 20 against the petitioners and respondent No. 21. By order dated 6th December, 2003, the learned trial Judge rejected the plaint by exercising powers under Order VII, Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code" ).

(3.) THE learned Counsel appearing for the petitioners has relied upon a judgment of this Court reported in A. I. R. 1989 Bom. 17 (Chandrakant Vassudev lotlikar and others v. Vaman Mahadev Lotlikar and others ). The learned Counsel for the petitioners relied upon the observations made by this Court in para 10 of the said judgment. The observations made in the said para 10 read thus :