ANEIL KUMAR BHALLA Vs. B R GAMBHIR

JUDGEMENT

(1.) Having heard learned counsel for the parties and having considered the pleadings of the parties I am of the opinion that the case does not require any evidence nor issues need be framed. Matter can be disposed of in view of the admitted facts and admitted documents.

(2.) I am conscious of the fact that where parties are at variance on questions of law and facts, issues have to be struck. Parties have to be given a right to lead evidence and thereafter argue their respective cases. But with docket explosion, I feel that it is the duty of every court to nip a frivolous litigation and read pleadings of the parties, not pedantically but purposively. Where a stand of a party is negated from a document filed by the party, the said document can be read against the party, denying it the right to plead a fact contrary to the document. Of course, a party has a right to explain its past conduct as also a document attributed to the party.

(3.) The document which I intend to use against the defendants, contains admissions of the defendants, which learned counsel for the defendants has not been able to explain at the hearing today. For record, I may note that in the defendants pleadings, said document has not been explained. Further, the said document has been filed by the defendants and is therefore a relied upon document by the defendants.