LAWS(DLH)-2009-3-125

ALKA GUPTA Vs. NARENDER KUMAR GUPTA

Decided On March 13, 2009
ALKA GUPTA Appellant
V/S
NARENDER KUMAR GUPTA Respondents

JUDGEMENT

(1.) ISSUE No. 1 as follows, framed on 17th January, 2008 and ordered to be treated as a preliminary issue falls for consideration :-

(2.) DURING the hearing on the aforesaid preliminary issue on 12th January, 2009, after hearing the counsel for the defendant and the senior counsel for the plaintiff in part it was clarified that arguments were being heard not only on the preliminary issue aforesaid but also on as to why independently of Section 11 and Order 2 rule 2 of CPC, the suit should not be dismissed summarily, also on the ground of re-litigation and abuse of the process of court. Thereafter on 16th January, 2009 the statement of the plaintiff was also recorded and arguments on the preliminary issue and the aforesaid aspect were heard on 16th January, 2009 and 21st January, 2009.

(3.) THE counsel for the defendant, at the outset, drew attention to the Bayana Agreement dated 29th June, 2004 aforesaid. It is significant that though the plaintiff had along with a plaint filed a list of documents with documents running into 410 pages but the said Bayana Agreement dated 29th June, 2004 was not filed by the plaintiff. A large number of other documents having bearing on the present aspect were, though filed, clubbed under eight heads only in the list of documents so as to virtually make it impossible for anyone perusing the said list to decipher the particular/individual documents.