ASHWANI KUMAR Vs. SANTOSH SOLANKI

JUDGEMENT

(1.) The plaintiff instituted this suit for recovery of Rs.3.20 crores with interest, pleading

(2.) The suit was entertained and summons thereof ordered to be issued.

(3.) The suit was listed last on 20th March, 2018 but it transpired that though the replication of the plaintiff to the written statement purported to have been filed by the defendant was on record but the written statement was not on record. Though the counsel for the defendant did not appear on 20th March, 2018 but it was enquired from the counsel for the plaintiff on that date that since the defendant had received Rs.20 crores from the plaintiff in CS(OS) No.761/2006, how the present suit is maintainable and whether not the suit is barred by Order XXIII Rule 3 of the CPC and the remedy if any of the plaintiff is thereunder only. On request of the counsel for the plaintiff for adjournment to enable him to study, the suit was adjourned to today and since the plaintiff had not filed complete documents of CS(OS) No.761/2006 and the orders of that suit filed were found to be disjointed, the file of CS(OS) No.761/2006 was also called for today.