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Bombay High Court

VALENTINA CO-OPERATIVE HOUSING SOCIETY LIMITED, THRU. CHAIRMAN MR MARUTRAO VITTHALRAO DESAIversusMR VASUDEO DAULATRAM SADARANGANI AND ANR

Decided
Disposal
Allowed

Holding

The civil revision application is dismissed as there is no jurisdictional or manifest error in the trial court’s order.

Summary

The Valentina Co-operative Housing Society Ltd filed a civil revision seeking restoration of a revision application that had been dismissed as a rejected case for failure to remove an office objection. The revision challenged the trial court’s order rejecting the plaint under Order VII Rule 11 of the Civil Procedure Code, 1908. The court noted that the plaintiff had already filed a written statement and the trial was underway, and that the delay could be condoned. It held that the trial court correctly refused to reject the plaint on jurisdictional or limitation grounds. Finding no manifest error, the court dismissed the civil revision application.

Issues considered

  • Whether the civil revision application should be restored after being dismissed for non‑removal of an office objection
  • Whether the trial court erred in rejecting the plaint at the threshold under Order VII Rule 11 of the CPC

Legislation cited

Subjects

  • civil revision
  • restoration of revision
  • office objection
  • jurisdiction
  • limitation
  • Order VII Rule 11
  • Civil Procedure Code

Judgment

                                                                      6-cac-9-2021-rc-717-2017.doc




            varsha          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION
                                      CIVIL APPLICATION NO. 9 OF 2021
                                                         IN
                                      REJECTED CASE NO. 717 OF 2017
                                                         IN
                          CIVIL REVISION APPLICATION(ST) NO. 29877 OF 2016


                     Valentina Co-operative Housing Society … Applicant
                     Limited through Chairman Mr. Marutrao
                     Vitthalrao Desai
                                vs.
        Digitally
        signed by
        VARSHA
                     Mr. Vasudeo Daulatram Sadarangani and Anr              … Respondents
VARSHA VIJAY
VIJAY   RAJGURU
RAJGURU Date:
        2026.02.18
        13:15:56
        +0530
                     Mr. Avinash V. Chaudhary, Mr. Jayendra Khairnar, Ms. Roshani R.
                     Shinde, Mr. Ameya A. Chaudhary for the Applicant.


                                                      CORAM : GAURI GODSE, J.
                                                       DATED : 17th FEBRUARY 2026


                     ORDER:

                     1.    This civil application is filed for restoration of the civil revision

                     application which was dismissed for non removal of office objection

                     and was registered as a rejected case.

                     2.    The civil revision application is filed by the applicant to

                     challenge the order passed by the trial court rejecting the application

                     under Order VII Rule 11 of the Civil Procedure Code, 1908.

                                                    Page no. 1 of 2
                                                 6-cac-9-2021-rc-717-2017.doc



3.    I have perused the copy of the plaint annexed to the civil

revision application. Learned counsel for the applicant is unable to

point out the ground for rejection of the plaint at the threshold. He

further submits that the applicant has already filed the written

statement and the trial has proceeded.

4.    I have perused the reasons in the application. In the facts and

circumstances of the case, the delay is condoned, and the

application is allowed in terms of prayer clause (a) and (b). The civil

revision application is restored to the file.

5.    The plaintiff has pleaded the ownership in respect of the suit

property based on the sale deed executed by the developer. The

suit was filed on the ground that the defendant society has no right

to impose any restriction on the plot holders. Considering the

pleadings, the trial court has rightly refused to reject the plaint at the

threshold on the ground of bar of civil court’s jurisdiction or on the

ground of limitation.

6.    I do not see any jurisdictional or any other manifest error in

the impugned order warranting any interference by this court.

7.    The civil revision application is therefore dismissed.



                                                       (GAURI GODSE, J.)
                               Page no. 2 of 2


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