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TMI Blog2017 (2) TMI 1233X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. M.R. Chawla and Mr. Aditya Vaibhav Singh, Advs., Ms. Pankhi proxy counsel for Mr. Rajeev Kapoor, Adv. O R D E R CS(OS) No.2092/2013 and IA No.14295/2016 (of the plaintiff under Order XI Rules 1& 14 CPC). 1. Vide separate order pronounced today, application of defendant No.1 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) has been dismissed. 2. The counsel for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said purpose. 7. The counsel for the defendant no.1 states that framing of issues be deferred and in this regard relies on R.K. Roja Vs. U.S. Rayudu AIR 2016 SC 3282 and contends that he will consider his remedies against dismissal of application under Order VII Rule 11 of the CPC. 8. It is not as if this court is proceeding to frame issues before adjudicating the application under Order VI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to creation of an Hindu Undivided Family and divests the father of the parties from exclusive ownership of the property no.A-345, Defence Colony, New Delhi? OPP (ii) If the issue no.(i) is decided in favour of the plaintiff, whether the document dated 25th February, 1969 has not been acted upon and if so to what effect? OPD-1. (iii) Whether the document dated 21st June, 2005 is the validly exec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce before the Court Commissioner has been accepted by the counsel for the plaintiff. 19. The counsel for the defendant no.1 objects. 20. Once the plaintiff is willing to bear the costs of the Commission subject to final order as to costs in the suit, the objection of the defendant no.1 does not come in the way, especially when the Joint Registrars are burdened with recording of evidence. 21. Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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