NARESH KUMAR GUPTA Vs. DSIDC LTD

JUDGEMENT

(1.) 19 suits have been dismissed by a common order dated September 20, 2000. The preliminary issue framed : "Whether there is any agreement between the parties which can be specifically performed as has been claimed in the suit?" has been decided against the plaintiffs; and six of them are in appeal.

(2.) LEARNED senior counsel for the appellants concedes that the issue framed is inappropriate and does not bring out the real issue which arose for consideration on the rival pleadings of the parties. Counsel concedes that the real issue was : "Whether the plaint disclosed a cause of action against the defendant?"

(3.) IT is thus clear that the scheme draws a distinction between an applicant, a qualifying applicant and a selected applicant. The applicant would be whosoever applies. The qualifying applicant would be he whose application is clear by the Evaluation Committee. The selected candidates would be the one to whom a letter of allotment has to be issued.