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Bombay High Court

BHAGWAN SHIVBA DEVKAR THRU. ITS G.P.A. HOLDER SHANKAR BHAGWAN DEVKAR AND ANOTHERversusJAIBAI DEVRAO HAKE AND OTHERS

Disposal
Rejected at Admission stage

Holding

The revision application is dismissed as there is no substantive ground regarding cause of action or limitation.

Summary

The petitioners filed a revision application alleging that the trial court erred in finding a cause of action and in treating the limitation issue as a mixed question of law and fact. They submitted a service affidavit showing that notices sent by speed post were returned, indicating refusal by respondents to accept them. The trial court had dismissed the petitioner's application under Order VII Rule 11 of the CPC, holding that a cause of action existed and that limitation was a mixed question. On review, the High Court affirmed the trial court’s reasoning, finding no merit in the revision grounds concerning cause of action or limitation. Consequently, the revision application was rejected and the pending civil application was disposed of.

Issues considered

  • The existence of a cause of action for the petitioner's claim
  • The applicability of the limitation period and whether it is a mixed question of law and fact
  • The adequacy of service of notice by speed post

Legislation cited

Subjects

  • service of notice
  • cause of action
  • limitation period
  • revision petition
  • civil procedure

Judgment

2026:BHC-AUG:39754


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                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                         25 CIVIL REVISION APPLICATION NO. 96 OF 2026

                  Bhagwan Shivba Devkar Thru. Its G.p.a. Holder Shankar Bhagwan
                                          Devkar And Another
                                                VERSUS
                                   Jaibai Devrao Hake And Others
                                                    ...
                 Advocate for the Petitioner : Mr. Govind B. Chate
                                                    …..

                                      CORAM : SANJAY A. DESHMUKH, J.
                                      DATED : 31st AUGUST, 2026

                 PER COURT :-


                 1.        Learned advocate for the applicants has filed a service

                 affidavit stating that the notices were sent to the respondents by

                 speed post; however, the same were returned to the sender. He has

                 also filed the consignment tracking report along with the envelopes,

                 which indicate that the respondents refused to accept the notices.

                 The affidavit is taken on record and marked “X” for identification.



                 2.        Learned advocate for the applicant further pointed out the

                 impugned order and submitted that no cause of action arose on the

                 date on which the earlier suit was withdrawn by filing a pursis.


                 3.       On perusal of the plaint and the application filed under Order

                 VII Rule 11 of the C.P.C., it appears that the learned trial Court has
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rightly concluded that a cause of action exists and that the question

of limitation is a mixed question of law and fact. There was no

substance in the application. Accordingly, the application came to be

rejected.




4.          On perusal of the impugned order, this Court is of the view

that the existence of a cause of action and the issue of limitation

cannot be a ground for allowing the present revision application, as

rightly held by the learned trial Court in paragraphs 10 and 11 of the

impugned order. There is, therefore, no substance in the grounds of

objection raised by the applicant. Accordingly, the revision application

is rejected.



5.          The pending civil application is also disposed of.



                                     (SANJAY A. DESHMUKH, J.)

rlj/


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