{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.09 OF 2008 Dnyanoba Rambhaji Nagargoje & others APPLICANTS VERSUS Ganesh Rambhaji Nagargoje & others RESPONDENTS ....... Mr.S.S.Manale, Advocate for applicants, Mr.H.V.Tungar, h/f Mr.C.R.Deshpande, Advocate for respondents ....... [CORAM : A.V.POTDAR, J.] DATE : 23rd June 2009 PER COURT: 1. This application arises out of order passed below Exhibit-25 dated 19.11.2007 wherein it is observed by the trial court that there is difference between maintainability of the suit u/s 9 and rejection of plaint under Order 7 Rule 11 of the Civil Procedure Code. In view of the legal position u/s 63 of the Hindu Marriage Act, entitlement to be decided and not the maintainability of the suit. During the course of arguments, my attention is drawn towards the judgment reported in AIR 1977 SC 2421 in the matter of T.Arivandadam, V/s T.V.Satyapal and another wherein scope of Order 7 Rule 11 is discussed by the Apex Court that the trial court should exercise powers under Order 7 Rule 11 {2} of the Civil Procedure Code taking care to see that the ground mentioned therein is fulfilled. The trial courts should insist imperatively on examining the party at the first hearing so that bogus litigation can be shot down at the earliest stage. The factual aspect about the relation between the parties is not disputed. It is informed that this judgment as well as judgment reported in 1987 Mh.L.J. 179 were not brought to the notice of the trial court. In the premise, the matter requires to be remanded to the trial court for fresh hearing in the light of rulings cited supra. Considering this aspect, the order dated 19.11.2007 is hereby quashed and set aside. The matter is remanded back to the trial court to hear the application Exhibit-25 afresh on the point of rejection of plaint under Order 7 Rule 11 of the Civil Procedure Code where the learned trial court to consider the point if the party filing the suit having any right to sue and whether there shall be any cause of action to the suit, as contemplated under Order 7 Rule 11 of the Civil Procedure Code. The civil revision application is thus allowed, the matter is remanded to the trial court. The parties are directed to appear before the trial court i.e. court of Civil Judge Junior Division, at Renapur on 21.07.2009. Certified Copy expedited. [A.V.POTDAR, J.] drp/cra9-08 {3}