LAWS(BOM)-2017-2-196

PRAMOD S/O MANOHARRAO KONGE, AGED 34 YEARS, OCCUPATION Vs. SHRI SHANTARAM BALKRUSHNA DHOK, AGED 54 YEARS, OCCUPATION

Decided On February 13, 2017
Pramod S/O Manoharrao Konge, Aged 34 Years, Occupation Appellant
V/S
Shri Shantaram Balkrushna Dhok, Aged 54 Years, Occupation Respondents

JUDGEMENT

(1.) Heard Shri Raju Dhoble, Advocate for the petitioner and Shri V.V. Bhangde, Advocate for the respondent.

(2.) Rule. Rule made returnable forthwith.

(3.) The petitioner/original plaintiff takes exception to the order passed by the trial Court by which the application (Exhibit No.27) filed by him is rejected. The plaintiff has filed the civil suit praying for decree for specific performance of contract and for other reliefs. In this civil suit, the defendant filed an application (Exhibit No.18) under Order 7, Rule 11 (a) of the Code of Civil Procedure praying that the plaint be rejected. Before this application (Exhibit No.18) is decided, the plaintiff filed an application (Exhibit No.22) under Order 6, Rule 17 of the Code of Civil Procedure seeked permission to amend the plaint. As this application was not being considered, the plaintiff filed an application (Exhibit No.27) praying that the application (Exhibit No.22) filed by him under Order 6, Rule 17 of the Code of Civil Procedure be decided before the application (Exhibit No.18) filed by the defendant is considered. The learned trial Judge has rejected the application (Exhibit No.27) by the impugned order.