ABDUL JABAR MOHAMMED ISHAQ Vs. RAVINDRANATH RUPA PRAJAPATI

JUDGEMENT

(1.) Heard Mr. Pandey for the appellants. Mr. Thakker with Mr. Reis for respondent No. 9 and Mr. Shetty for respondent nos. 1,3,7 and 8. The appellants are the original plaintiffs. They had filed a suit against all the ten defendants claiming injunction against them not to create third party rights in respect of land bearing survey Nos. 198, 198 (Part) and 311 of village Kurla, Taluka Kurla, Bombay suburban District admeasuring 16 acres and 16.5 gunthas in that suit. An objection was raised by the defendants under Section 69 (2) (a) of the Indian Partnership Act, 1932. The City civil Court while passing the order dated 17- 02-2003 came to be conclusion that suit was not maintainable and, therefore, the motion of the plaintiff was dismissed. The court recorded the findings that the suit was not maintainable and then dismissed the suit. It is this order that is challenged by the appellants/plaintiffs.

(2.) The first contention of the appellants/plaintiffs was that even though the court gave findings on 17-02-2003 that the suit was not maintainable, it committed an error in dismissing the suit a month thereafter without there being any cause for doing so and when the matter was not on board.

(3.) In this regard, the Counsel for the respondents contended that if while hearing the matter of the plaintiffs, the court had come to the conclusion that the suit was not maintainable, then there was no question of again hearing the plaintiffs on that point and continuing the suit on record and, therefore, the order of dismissal of the suit, though passed belatedly, was not wrong at all.