MANOJ GODHA Vs. SUBHASH BARJATIYA

JUDGEMENT

(1.) TWO preliminary issues have been decided by the learned Trial judge vide impugned judgment and decree dated 4. 4. 2005. Both issues have been decided against the appellant. The result is that the suit filed by the appellant has been dismissed. The two issues which have been decided read as under:-

(2.) PRELIMINARY objection No. 1 in the written statement filed by defendant No. 1 reads as under:-"1. That the present suit is not maintainable in present form. The plaintiff by way of mandatory injunction wants to recover the alleged jeweler, which is not maintainable under the Specific Relief Act. "

(3.) THE suit filed by the plaintiff, to say the least, is most unartistically drafted and if pleadings are read pedantically, indeed the findings returned by the learned Trial Judge have to be upheld. But for the reasons hereinafter recorded, since law requires pleadings to be construed liberally and to subserve the cause of justice an opportunity should ordinarily be granted to a party to take corrective action, the appellant shall live to fight the battle against the respondent No. 1 on another day.