1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.852 OF 2009 Bharat Shantilal Mehta ..Appellant versus The Municipal Corporation of Gr.Bombay ..Respondents Mr.Anil Singh a/w. Ashwin Singh i/b. Anil Yadav for the appellant Mr. Vinod Mahadik for the respondent Corporation Mr.N.K.Mudnaney for the respondent No.2 CORAM : R.Y.GANOO, J. DATE : 17th JULY, 2009. P.C: 1. In view of the order passed in Civil Application No.2833 of 2009 few minutes back, the first appeal is taken up for admission. 2. I have heard learned Advocate Mr. Anil Singh and learned Advocate Mr. Mahadik and Mr. Mudnaney. I have perused the order passed by the learned Judge of the City Civil Court which is impugned in this 2 First Appeal. The learned Judge while deciding the suit being Long Cause Suit No.2956 of 2005 conducted the exercise namely he observed that the City Civil Court has no jurisdiction and he also observed that there was no cause of action for institution of suit and he rejected the plaint. 3. This Order of the learned Judge by which he came to the conclusion that the plaint is required to be rejected was considered by this Court as an exercise which he could not have done particularly when there were no reasons for arriving at the conclusion that there is no cause of action. 4. Today, I have heard learned Advocates on both sides. Learned Advocate Mr. Mudnaney tried to submit that the view taken by the learned Judge of the City Civil Court was right and he was duly justified in coming to the conclusion that there was no cause of action. In so far as this aspect is concerned, it is aparent that the learned Judge has not given elaborate reasons to arrive at the 3 conclusion that there was no cause of action and that is how the order passed dated 18.3.2009 was set aside and the suit was restored to the file of the City Civil Court with directions that the parties should appear before the learned Judge and argue the matter on merits so that the learned Judge can pass order on merits. 5. Having heard learned Advocates I am inclined to maintain order dated 22.6.2009 and also order that the suit be decided by the learned Judge of the City Civil Court expeditiously and he should render his judgment on all points which may be raised before him including the question of jurisdiction as well as question whether there was of cause of action for the appellants to file the suit. I am now told that the learned Judge who passed the judgment dated 18.3.2009 is transferred. The learned Principal Judge of the City Civil and Sessins Court, Bombay will have to assign the suit to some other Judge who will have to hear and dispose of the same as expeditiously 4 as possible. 6. In view of the above discussion, I pass the following order. ORDER i. There is no need to set aside the Order dated 22.6.2009. In addition to the Order dated 22.6.2009, on account of the observation that the suit will have to be heard expeditiously, as well as on account of the observation that the learned Judge who passed the order dated 18.3.2009 has since been transferred, it is hereby ordered that the Learned Principal Judge, City Civil & Sessions Court, Bombay shall assign the Long Cause Suit No. 3577 of 2005 to a Judge and the said Judge to whom the suit is assigned shall hear all the parties and dispose of the suit on or before 30.9.2009. The learned Judge shall permit the respective parties to raise all the points including the question whether the City Civil Court had jurisdiction to entertain the said suit as well as whether there was a cause of action to the plaintiffs to institute the suit. That is to say, 5 the learned Judge of the City Civil Court shall act in so far as the Long Cause Suit NO.3577 of 2005 on the basis of the order dated 22.6.2009 and this order. ii.The appellant shall produce before the learned Principal Judge, City Civil & Sessions Court, Bombay the authenticated copy of order dated 22.7.2009 and this order to enable the learned Principal Judge of the City Civil Court, Bombay to assign the suit to a Judge for disposal in terms of order dated 22.6.2009 and this order. iii.If the record is received by this Court, the same be transmitted to the City Civil Court, Bombay, forthwith. iv.First appeal stands disposed of in above terms with no order as to costs. (R.Y.Ganoo, J.)