Bombay High Court

BHIM HANMANT LADADE AND ANOTHERversusQURASHI MUNEER BASHIR AHMED AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The writ petition is disposed of with liberty to file a civil revision application, and the time spent on the writ petition will be counted towards the limitation period.

Summary

Petitioners Bhim Hanmant Ladade and another filed a writ petition challenging an order passed under Order 7 Rule 11 of the Civil Procedure Code, which rejected their application for rejection of the plaint. Their counsel argued that the proper remedy was a civil revision application, not a writ, and sought permission to withdraw the writ petition. The Court held that the writ petition could be withdrawn and granted liberty to file a civil revision against the impugned order. It further directed that any time spent prosecuting the writ petition would be counted towards the limitation period for the revision. Accordingly, the writ petition was disposed of with liberty to pursue the civil revision.

Issues considered

Whether a writ petition challenging an order under Order 7 Rule 11 CPC can be withdrawn in favour of a civil revision application
Whether the appropriate remedy for the impugned order is a civil revision
Whether time spent on the writ petition can be counted towards the limitation period for the revision

Legislation cited

Code of Civil Procedure, 1908 — s. Order 7 Rule 11

Subjects

Civil Procedure Code
Order 7 Rule 11
Writ Petition
Civil Revision
Limitation
Withdrawal of Petition

Judgment

2026:BHC-AUG:7022




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                923 WRIT PETITION NO. 1720 OF 2026

                                 Bhim Hanmant Ladade And Another
                                               VERSUS
                             Qurashi Muneer Bashir Ahmed And Others
                                                   ...
                    Advocate for the Petitioner : Mr. R.P. Adgaonkar h/f S.S Panale
                                                   ...
                                        CORAM : S. G. CHAPALGAONKAR, J.
                                         Dated      : February 17, 2026

                    PER COURT :-
                    1.      Learned counsel appearing for the petitioners submits
                    that impugned order is passed under Order 7 Rule 11 of the
                    Civil Procedure Code, thereby rejecting application for
                    rejection of the plaint. The appropriate remedy is to file Civil
                    Revision Application. Therefore, he seeks permission to
                    withdraw the writ petition and liberty to file Civil Revision
                    Application.


                    2.      In that view of the matter, writ petition stands disposed
                    of with liberty to file Civil Revision Application against the
                    impugned order. In case Civil Revision Application is filed, the
                    time consumed in prosecuting present writ petition be
                    considered while counting the limitation.


                                                     ( S. G. CHAPALGAONKAR, J. )
                                                    …



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