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2016 (10) TMI 1320 - BOMBAY HIGH COURTJurisdiction of Civil Courts - rejection of plaint on the ground that the jurisdiction of the Civil Court is barred under Order VII Rule 11(d) of the CPC which came to be allowed by the impugned order dated 12.11.2013 - HELD THAT:- The learned Trial Judge was not justified to come to the conclusion that the suit is barred in terms of Order 7 Rule 11 of the Civil Procedure Code. The jurisdiction of the Civil Court is not barred taking into account the relief sought by the Appellants which, prima facie, suggests that they are under the general law applicable to the facts of the case. The suit is also filed on on behalf of the Complainant who is the Appellant no. 1 herein. Whether the Company has been duly represented is a matter which has to be examined on its own merits in accordance with law and not while examining the application for rejection. The question as to whether the suit itself is maintainable will have to be considered looking into the defence of the Respondents which exercise cannot be carried out whilst considering an application under Order 7 Rule 11. In such circumstances, the learned Judge was not justified to pass the impugned Order - Appeal allowed in part.
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