Smt. Umabai Dattu ... vs Malati Kisan Bhagat And Another
2023 Latest Caselaw 6990 Bom

                                                     13-AO-166-23+.DOC

                                                               Sayali Upasani


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                 APPEAL FROM ORDER NO. 166 OF 2023
                               WITH
                INTERIM APPLICATION NO. 2099 OF 2023

Smt. Umabai Dadttu Bhoir (deceased)                          ...Appellants
through LRs. Indira Anant Thakur and
Others

                                Vs.
Malati Kisan Bhagat and Others                           ...Respondents


Mr. Drupad S. Patil, for Appellants.
None for the Respondents.
                                        CORAM:- N. J. JAMADAR, J.

DATED:- 13th JULY, 2023 P.C.:-

1) Heard the learned Counsel for the appellants.

2) On the aspect of maintainability of Appeal, the learned

Counsel for the appellant invites the attention of the Court to a

judgment of Madras High Court in the case of Ramasamy

Gounder Vs. Tamilselvi, CMA No. 2169 of 2019 and CMP No.

8913 of 2019, wherein in an identical fact situation the Madras

High Court held that an Appeal against order passed by First

Appellate Court setting aside the order of rejection of plaint in

13-AO-166-23+.DOC

Order 7 Rule 11 of the Code of Civil Procedure, 1908, is

maintainable under Order 43 of the Code.

3) Issue notice to the respondents, returnable on 24 th

August, 2023.

4) In addition to notice through Court, the appellants are at

liberty to serve the respondents by private service and file an

affidavit of service.

[N. J. JAMADAR, J.]