JAYANTILAL DEVJI SHAH (HARIA) Vs. MANGESH DASRATH GAIKAR

JUDGEMENT

(1.) Admit. Considering the challenge raised, taken up for hearing forthwith by the consent of the learned counsel for the parties.

(2.) The above First Appeal challenges the order dated 08/02/2013 passed by the learned Civil Judge, Senior Division, Kalyan by which order the Application filed by the Respondent No. 1 herein i.e. the Original Defendant No. 1 under Order 7, Rule 11(a)(d) of the Code of Civil Procedure came to be allowed and resultantly the plaint came to be rejected.

(3.) The facts giving rise to the filing of the above First Appeal in brief can be stated thus :