VEENA DUGGAL Vs. H S VEDI

JUDGEMENT

(1.) By this order I propose to dispose of application filed by the defendant No.1 which is registered as IA No.8678/2002 filed under Section 114 read with Order XLVII Rule 1 CPC; application filed by the defendant No.1 which is registered as IA No.8677/2002 filed under Order IX Rule 13 CPC; and also application filed by the defendant No.2 which is registered as IA No.8584/2002 filed under Section 151 CPC.

(2.) The plaintiff herein filed a suit seeking for rendition of accounts / settlement of the claim of the plaintiff, which was registered as Suit No.2079/1986. In the said suit an application under Section 34 of the Arbitration Act was preferred by the defendants. The plaintiff also filed two petitions under Section 20 of the Arbitration Act, 1940, which were registered as Suit Nos.2312-A/1986 and 2313-A/1986. All the aforesaid suits were directed to be listed together. On 4.12.1998, the following issues were framed in suit No.2312-A/1986:

(3.) It was also recorded in the said order that no other issue arises or is pressed for. This Court, however, directed in the said order that no oral evidence is required to be led on the aforesaid issues. The parties were, however, given the liberty to file affidavit along with documents, if any, by way of evidence. An application was, however, filed by the defendant No.1, which was registered as IA No.4246/1999 whereby the defendant No.1 sought for a liberty to file additional affidavit by way of rebuttal evidence. An additional affidavit was also filed along with the said application. In that context it was observed in the order dated 28.4.1999 that the aforesaid application would be disposed of along with the disposal of the preliminary issue framed on 4.12.1998. It is, however, to be made clear that the aforesaid application was filed by defendant No.1 in Suit No.2079/1986. The said order dated 28.4.1999 also makes it explicitly clear that the issues framed on 4.12.1998 in suit No.2313-A/1986 were also the issues for consideration in suit No.2079/1986 as also in suit No.2312-A/1986.