JAIN EXPORTS PRIVATE LIMITED Vs. TIPSON CYCLE INDUSTRIES

JUDGEMENT

(1.) On March 10, 1981 the plaint was registered as a suit. More than fourteen years have passed by since then and written statement is yet to be filed. Why this delay? The explanation is (if at all it can be called one) that there was an application under Order 6 Rule 5 and under Order 7 Rule 14 of the Code of Civil Procedure (I.A. 176/82) calling for better particulars and some documents. It came in the way and what is more unfortunate is that it has still not been disposed of. As if it was not enough it was followed by yet another application by the defendant bearing I.A. 3967/92 calling for the dismissal of the suit. Dismissal was sought on the ground that orders passed in respect of application under Order 6 Rule 5 had not been complied with. Let me first refer to those orders. The first is of September 3, 1985. It was passed by the Joint Registrar on the Original side. It reads :-

(2.) Frankly speaking I see nothing in those orders which may invite an order of dismissal of the suit. But then one fact remains and it is that the defendant has been asking for better particulars and for certain documents so as to enable it to file a proper written statement. We all know by now that Order 6 Rule 5 is a salutary provision. Its object is to enable the opposite party to know what case it has to meet. It prevents a surprise at the trial. It avoids prejudice which may be caused byobscurity or incompleteness of the pleadings. The Court by insisting upon a party to plead its case plainly, fully and completely not only helps itself in having aclearer view or a firmer grip of the case, it also gives the other side its due.

(3.) Mr. S.N. Marwah, Senior Advocate appearing for the defendant appeared to me (and I hope I am correct in my perception) to entertain only two grievances against the plaintiff. The first is what he termed a non-committal stand on the claim before the E.C.G.C. He wanted to know as to whether any such claim had actually been put in and if so on what date and with what fate. As per him in case any such claim was put in the defendant was entitled to the copies of the relevant documents. His second grievance is with regard to the bank statement of account demanded by the defendant and yet not supplied so far.