Chairman Kaushik Balwantrai Bhunotar … vs Ahmedabad Municipal Corporation on 7 March, 2025

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[1.] The present appeal is preferred by the original plaintiff-

Geeta Nagar Co-operative Housing Society Limited (henceforth, “the

society”) through its Chairman, under Section 96 read with Order XLI

of the Code of Civil Procedure, 1908 (henceforth, “the Code, 1908”)

being aggrieved and dissatisfied with the judgment and decree dated

NEUTRAL CITATION

C/FA/4882/2023 CAV JUDGMENT DATED: 07/03/2025

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25.01.2023 passed by learned City Civil Court at Ahmedabad in Civil

Suit No.57 of 2023 (for short, “the impugned judgment and order”). By

the said impugned judgment and order, the learned Judge has

rejected the plaint by suo moto invoking the powers conferred under

Order VII Rule 11 (d) read with Section 151 of the Code of Civil

Procedure, 1908, in light of the judgment of the Hon’ble Supreme

Court in the case of T. Arivandandam vs T. V. Satyapal & Another

reported in 1977 (4) SCC 467. By the said impugned judgment and

order, the learned Judge has also ordered costs of Rs.5,000/- to the

plaintiff towards the valuable time of the Court being consumed, to

be deposited with the Legal Services Authorities, City Civil Court,

Ahmedabad.

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