Amarshi Chaganbhai Bhanderi vs Branch Manager, Saurashtra ...
2023 Latest Caselaw 2911 Guj

     C/SCA/6171/2023                                          ORDER DATED: 12/04/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 6171 of 2023

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                 AMARSHI CHAGANBHAI BHANDERI
                             Versus
            BRANCH MANAGER, SAURASHTRA GRAMIN BANK
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Appearance:
MR. SHIVANG S LALANI(7034) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                               Date : 12/04/2023
                                ORAL ORDER

1. Even in the second call, learned advocate for the

petitioner remained absent.

2. Considering the order dated 17.09.2022 passed in

th Addl. Senior

Civil Judge, Jamnagar, whereby the learned trial Court has

rejected the plaint under the provisions of Order VII Rule

11(d) of the Code of Civil Procedure, 1908. The present

petitioner has challenged the impugned order under Article

226 of the Constitution of India.

3. Considering the recent judgment of the Hon'ble Apex

Court in the case of Kazimunnisa Versus Zakia Sultana

reported in (2018) 11 SCC 208, the order passed under Order

VII Rule 11 is required to be challenged by way of filing

C/SCA/6171/2023 ORDER DATED: 12/04/2023

this appeal.

3. Accordingly, the present petition is dismissed as not

maintainable.

(SANDEEP N. BHATT,J) DIWAKAR SHUKLA