CHANDRAKANT PANDURANG SHINGADE Vs. WALCHAND GULABCHAND BORA

JUDGEMENT

(1.) It is an application under Section 115 of the Civil Procedure Code, 1908 (for short, "CPC"), taking exception to the order dated 09.10.2007, passed by the Learned Civil Judge, Senior Division, Baramati, in Special Summary Suit No. 30 of 2007.

(2.) The applicant-defendant filed an application under Order 7, Rule 11(d) r/w., Order 23, Rule 3 and 4(b) of the Civil Procedure Code, 1908 and urged for rejection of plaint. Order 7, Rule 11 (a) to (d) reads as under :-

(3.) It is applicant's case that the Respondent-Plaintiff had instituted Summary Suit No. 30 of 2007 (hereinafter called 'previous suit') in the Court of Civil Judge, Senior Division, Baramati, but he withdrew it in pursuant to order dated 09.10.2007. It reads as under :-