spb/- 1 cra130-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL REVISION APPLICATION NO. 130 OF 2011 Shri Ravindra Shivappa Hegade ... Applicant. (Org.Defendant) V/s. Mrs. Vijayabai Sitaram Chaudhari ... Respondent. ----- Mr. R.B. Paranjape i/by J.D.Khairnar for the Applicant. ----- CORAM : D. G. KARNIK, J. DATE : 21st JULY, 2011. P.C. : 1 The order of the trial court rejecting the application of the applicant (original defendant) for rejection of the plaint under Order 7 Rule 11 of the Code of Civil Procedure, is impugned in this civil revision application. 2 Applicant had issued two cheques for a total value of Rs. 2,35,000/- to the respondent and on dishonour of the cheques, the respondent filed a suit for recovery. According to the applicant, the suit filed by the respondent in her capacity as a partner of an unregistered firm was not maintainable. Whether the cheques were issued by the applicant in his personal capacity, whether the applicant was liable under the said cheques or not, whether any amount was due from the applicant to the spb/- 2 cra130-11.sxw respondent or not are all such questions are required to be decided on evidence at the trial. Ex-facie it cannot be said that the suit was not maintainable as the suit is based on the dishonoured cheques. 3 There is no merit in this civil revision application, which is hereby rejected. [D.G. KARNIK, J.]