Case Note & Summary
The case involves a civil revision application filed by Rev. Fr. Simpliciano N. Fernandes against an order passed by the Civil Judge, Junior Division, Vasco, dismissing his application under Order VII Rule 11 of the Code of Civil Procedure, 1908. The respondent was Mrs. Valentina D'Costa. The High Court, after hearing both counsel, observed that prima facie the plaintiff (respondent) needed to join other parties to the suit. The court granted leave to the plaintiff's counsel to join necessary parties. Consequently, the impugned order was set aside, and the matter was remanded to the trial court. The trial court was directed to allow the plaintiff to join necessary parties if so advised, and to adjudicate the application (Exhibit 10) afresh within six months from the date of the order. The court clarified that its observations were without prejudice to either party. The revision petition and the connected civil application were disposed of with no order as to costs.
Headnote
A) Civil Procedure - Rejection of Plaint - Order VII Rule 11 CPC - Joinder of Necessary Parties - The court set aside the trial court's order dismissing the application under Order VII Rule 11 CPC, as the plaintiff required to join other parties. The matter was remanded to the trial court with liberty to the plaintiff to join necessary parties and for fresh adjudication of the application within six months. (Paras 2-3)
Issue of Consideration
Whether the trial court's order dismissing an application under Order VII Rule 11 CPC should be set aside to allow joinder of necessary parties and fresh adjudication.
Final Decision
The impugned order passed by the Civil Judge, Junior Division, Vasco is set aside. The matter is remanded to the trial court. The plaintiff-respondent shall be allowed to join necessary parties, if so advised, and the application Exhibit 10 shall be adjudicated afresh within a period of 6 months from the date of this order. The revision petition and civil application are disposed of with no order as to costs.
Law Points
- Order VII Rule 11 CPC
- Joinder of necessary parties
- Remand for fresh adjudication
Case Details
2006 LawText (BOM) (11) 87
Civil Revision Application No. 15 of 2005 with Civil Application No. 85 of 2006
Shri E.O. Mendes for the Petitioner, Shri Joseph Rodricks for the Respondent
Rev. Fr. Simpliciano N. Fernandes
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Nature of Litigation
Civil revision against order dismissing application under Order VII Rule 11 CPC
Remedy Sought
Setting aside of the trial court's order dismissing the application under Order VII Rule 11 CPC
Filing Reason
The trial court dismissed the application under Order VII Rule 11 CPC; the applicant sought revision of that order.
Previous Decisions
The Civil Judge, Junior Division, Vasco dismissed the application under Order VII Rule 11 CPC.
Issues
Whether the trial court's order dismissing the application under Order VII Rule 11 CPC should be set aside to allow joinder of necessary parties and fresh adjudication.
Submissions/Arguments
The plaintiff required to join other parties to the suit.
The plaintiff's counsel sought leave to join necessary parties, which was granted.
Ratio Decidendi
The court set aside the order dismissing the application under Order VII Rule 11 CPC because the plaintiff needed to join other parties, and granted leave to do so, remanding the matter for fresh adjudication.
Judgment Excerpts
Without going into the merits of the matter, in the course of arguments advanced on behalf of the parties, prima facie, it appears that plaintiff requires to join other parties to the suit, for which purpose, the learned Counsel for the plaintiff respondent seeks leave, which is granted in the interest of both the parties.
Hence, the impugned order passed by the Civil Judge, Junior Division, Vasco is hereby set aside with direction that the matter is remanded to the trial Court.
Procedural History
The Civil Judge, Junior Division, Vasco dismissed an application under Order VII Rule 11 CPC filed by the applicant. The applicant then filed a civil revision application in the High Court of Bombay at Goa against that order. The High Court heard the matter and passed the present order.
Acts & Sections
- Code of Civil Procedure, 1908: Order VII Rule 11
