SHAKUN JAISWAL Vs. ANAND PERSHAD JAISWAL & ORS.

JUDGEMENT

(1.) 1. Both these appeals impugn the common order dated 22.09.2014 in CS(OS) 2064/2009. FAO (OS) 457/2014 is filed by the defendant no. 1 in the suit and FAO (OS) 459/2014 is filed by the defendant no.

(2.) in the suit. Respondent no. 1 in both the appeals is the plaintiff in the subject suit. 2. The plaintiff filed the suit for declaration and mandatory injunction for declaring the transfer of funds amounting to £ Sterling 86,41.735.81, US $ 2.54.589.83 and 10,000 from the accounts belonging to late Shri L.P. Jaiswal in favour of defendant no. 1 to be fraudulent transactions and therefore null and void and for reversing the said transactions.

(3.) The two applications decided by the impugned order are applications filed by the respondent no. 1 (plaintiff in the suit) being IA No. 19226/2013 under Order 7 Rule 14 read with Order 13 Rule 1 Code of Civil Procedure (hereinafter referred to as CPC) seeking to place additional documents on record and IA No. 5416/2014 under Order 14 Rule 5 seeking to strike out issue no. (v) and to vary the direction treating issues (i) and (ii) as preliminary issues.