MADHURI DOULATRAM CHOITRAM Vs. LACHMANDAS TULSIRAM NAYAR

JUDGEMENT

(1.) This petition under article 227 of the Constitution of India assails the legality, propriety and correctness of the judgment and order dated 12th April 2019 in Revision Application No. 343 of 2018 passed by the Appellate Bench of the Court of Small Causes, Bombay, whereby the revision application preferred by the petitioner against an order passed by the learned Judge, Court of Small Causes, Bombay on Shraddha Talekar PS 3/25 CIVIL WP-9267-2019 J.doc an application for dismissal of the suit (Exh.28) in RAE Suit No. 119/171/2011 dated 2nd April 2018, came to be dismissed.

(2.) The background facts leading to this petition can be stated in brief, as under :-

(3.) The petitioner carried the matter in revision before the Appellate Bench. By the impugned judgment and order, the Appellate Bench was persuaded to reject the application. The observations in paragraph 7 of the impugned judgment spell out the reasons which weighed with the Appellate Bench to repel the contention of the petitioner. As a severe criticism was advanced against those observations, it would be advantageous to extract paragraph No.7 of the impugned judgment. It reads as under :-