1411cra130.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CIVIL REVISION APPLICATION NO.130 OF 2011 Gajanan Baburao Ambhore and others VERSUS Sanket Gajanan Ambhore, Through Guardian Mother Vaishali Gajanan Ambhore. ........................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ........................................................................................................................................................ Shri N.S.Deshpande, Counsel for the applicants. CORAM : R. K.DESHPANDE, J. DATE : 14. NOVEMBER, 2011. This civil revision application challenges the order dated 2.9.2011 passed below Exh.39, by the learned Joint Civil Judge, Junior Division, Pusad, in RCS No.99 of 2010. An application filed by the applicants for dismissal of the suit as not maintainable purporting to be an application under Order VII Rule 11(d) of the Code of Civil Procedure, has been rejected. The plea raised was that under Section 6(a ) of the Hindu Minority and Guardianship Act, 1956, it is the father who is the natural guardian and after the father the mother would be the natural guardian. The trial Court has held that the relationship having not been disputed, the suit cannot be dismissed. Shri N.S.Deshpande, the learned Counsel appearing for the applicants, submits that the applicant no.1 is the father of minor Sanket, who has filed the suit through .....2/- 1411cra130.11.odt 2 the mother and hence, the same is not maintainable. Though the trial Court has not considered this aspect of the matter, it can be gone into by the trial Court while deciding the case on merits and it was not a case where the suit can be dismissed under Order VII Rule 11(d) of the Code of Civil Procedure. In view of above, no interference is called for in the order impugned, except to clarify that the point has urged, shall be decided by the trial Court at the time of final disposal of the suit without being influenced either by any observations made in the impugned order or by dismissal of the civil revision application. JUDGE BrWankhede ...../-