SHYAM BALKISHAN CHANDAK Vs. RAMPYARI WD/O BALKISHAN CHANDAK

JUDGEMENT

(1.) By this notice of motion, defendant No.3 seeks dismissal of suit on the ground that leave under Clause-XII of Letters Patent has not been taken by the plaintiff before filing of the present suit on 20th December 2010.

(2.) Defendant No.3 has also filed additional affidavit on 22nd August 2013 in which defendant No.3 seeks dismissal of suit and for return of plaint on the ground that leave under Clause-XII of the Letters paternt obtained by the plaintiff is improper and untenable and also on the ground that the same was without mentioning any specific cause of action either at Mumbai or in Rajasthan. Though no application for amendment of the notice of motion was filed by defendant No.3, I have heard both the parties also on the issue whether leave was property obtained or not after lodging the plaint and whether suit should be dismissed on that ground. Some of the admitted facts which are relevant for the purpose of deciding this notice of motion are as under.

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