Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2016 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (2) TMI 1283 - SC - Indian LawsDeclaration and injunction in respect of the plaint schedule property - suit rejected, holding that the plaint did not disclose any cause of action against them - the only ground taken up in the application filed under Order 18 Rule 17 CPC is that after consolidation of the suits, the plaintiff in Civil Suit No. 43 of 2009 should get an opportunity to cross examine the PW1 - HELD THAT:- It is interesting to note that in the order dated 24.02.2010 passed by the Additional District Judge in Civil Suit No. 44 of 2009, consolidated with Civil Suit No. 43 of 2009, it has been noted by the Court that the plaintiff in Civil Suit No. 44 of 2009 is no more a party to Civil Suit No. 43 of 2009 and the earlier order of consolidation of suits dated 8.12.2007 was maintained, further clarifying that the past evidence of plaintiff in Civil Suit No. 44 of 2009, which has already been recorded, to be treated as the main suit. Unfortunately, those crucial aspects apparantly have been missed by the trial court and the High Court while passing the impugned orders. It is not necessary to us to go into the various other contentions regarding the permissibility of recalling under Order 18 Rule 17, though Mr. Pritesh Kapur, learned counsel appearing for the appellant has elaborated on those aspects as well - Appeal allowed.
|