Assignee need not file a leave for continuance of suit proceedings : Bombay HC
Title: Ratnamala Mohan Aklujkar V Smt. Sushila Nirmalkumar Rungta and ors
Decided on: 29th November, 2023
Citation : Civil Writ Petition No. 1723
Coram: Hon’ble Justice Rajesh S. Patil
Introduction
A Writ petition was filed under Article 227 of the constitution of India challenging the Appellate bench of Small Causes of Bombay in the matter of an Eviction Suit.
Facts of the Case
An eviction suit was filed under Section 16(1)(a) and (b) of the Maharashtra Rent Control Act, 1999 in the Small Causes Court of Bombay. Subsequently, the owner of the property sold the building. The defendant in the eviction suit filed an application on the rejection of the Plaint on the grounds that the owner-tenant relationship to be ceased due to the conveyance of property and such plaint is barred by the provisions of CPC.
The suit was dismissed by the Small Causes Court of Bombay, however the appellate bench of the same reversed the order and allowed the eviction suit. It was argued that the defendants reason for rejection of plaint was not mentioned in the provisions of Order VII, Rule 11 of the CPC.
Courts analysis and decision
The court relied on the judgement of Sharadamma v Mohammed Pyarejan that a dismissal cannot be done on the account of failure of filing an application to continue the proceedings by the assignee. Furthermore, it was declared that a suit cannot be dismissed on the ground that applicant did not file a leave for continuation of Suit under Order XXII, Rule 10 of the CPC. The court also dismissed the writ petition and held that the eviction proceedings to be continued for the benefit of the new owner.
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Written by- Sanjana Ravichandran