P S BATRA Vs. S ANOOP SINGH

JUDGEMENT

(1.) THE present suit is instituted by the plaintiff for possession, partition and rendition of accounts against his brother, defendant No. 1 and his sister, defendant No. 2. Pleadings were completed in the suit and the matter was listed on 19. 8. 2008, for framing of issues. It was further ordered that the plaintiff shall be present in the Court for recording his statement under Order x Rule 2 of the Code of Civil Procedure (CPC ). On 19. 8. 2008, the statement of the plaintiff was duly recorded and four issues were framed. Issue No. 2 was framed as below:

(2.) THEREAFTER, the matter was adjourned to 30. 9. 2008 at the request of the plaintiff, to enable him to arrive at a negotiated settlement with the defendants. On 30. 9. 2008, further time was sought on behalf of the plaintiff for exploring the possibility of arriving at a settlement with the defendants and the matter was renotified for today. It was clarified in the aforesaid order that in case a settlement is not arrived at between the parties, issue No. 2 referred to hereinabove, shall be treated as a preliminary issue for the purposes of arguments.

(3.) TODAY, it is stated by the counsel for the defendants that no settlement has been arrived at between the parties as the plaintiff neither approached the defendants nor their counsel. As a result, arguments have been addressed by the counsels for the parties on issue No. 2.