Prof. Sri. Sanjay Baskar Shemkalyani vs Dr. Vinod Narayan Marate
2023 Latest Caselaw 11874 Bom

Bombay High Court

Prof. Sri. Sanjay Baskar Shemkalyani vs Dr. Vinod Narayan Marate on 29 November, 2023

Author: S. G. Mehare

Bench: S. G. Mehare

                                     1                     16-CRA.199-23.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                               16 CRA NO.199 OF 2023

                  PROF. SRI. SANJAY BASKAR SHEMKALYANI
                                  VERSUS
                       DR. VINOD NARAYAN MARATE

                                      ...
                 Advocate for Applicant : Mr. Vinesh C. Solshe.
                                      ...

                                   CORAM :    S. G. MEHARE, J.

                                   DATE :     29.11.2023

     PER COURT :-

1. Heard the learned counsel for the applicant.

2. The applicant was the defendant before the court of first

instance. He had filed an application under Order VII Rule 11

of the Civil Procedure Code for rejection of the plaint as the

suit appears to be barred by the provisions of the Limitation

Act. The learned Court of first instance rejected his prayer

observing that the cause for the present suit arose after the

judgment delivered in R.C.S. No.55 of 2018. Therefore, it is

well within limitation.

3. Learned counsel for the applicant has vehemently argued

that the prayers of the plaint does not survive. Reading the

plaint as a whole, it can safely be inferred that the suit is not

2 16-CRA.199-23.odt

within limitation. The pleadings are not specific on cause of

action. Hence, the suit is barred by limitation.

4. The cause of action is a bundle of fact. It is to be

gathered from the pleadings. The court of first instance

appears to have gone through the pleadings. Therefore,

specifically observed that the cause for the present suit arose

after the judgment delivered in RCS No.55 of 2018. Therefore,

the suit is within limitation. The issue of limitation is a mixed

question of facts and laws. Therefore, a detail inquiry is

essential and cannot be determined as a preliminary issue.

5. The impugned judgment and order of the learned 8 th

Joint Civil Judge Senior Division, Ahmednagar passed in R.C.S.

No.127 of 2023, below Exh.21 appears legal, correct and

proper.

6. Hence, civil revision application stands dismissed at

admission stage.

(S. G. MEHARE, J.)

...

vmk/-