RAISHI S. CHHEDA Vs. DHIRAJLAL R

JUDGEMENT

(1.) Before dealing with the arguments that were canvassed before me, I would have to mention that originally Notice of Motion 4507 of 2006 was filed by Defendant Nos. 1 and 2 for striking off the plaint under Order VI Rule 16 read with Section 151 of the Code of Civil Procedure (for short "the CPC") and under Article 215 of the Constitution of India. Defendant Nos. 1 and 2 also sought an order rejecting the plaint as being barred by limitation and for dismissing the Suit as being not maintainable. This Notice of Motion was heard by a learned Single Judge of this Court (Shri S.J. Vazifdar, J) and by order dated 26th February, 2008, after a detailed discussion, the learned Single Judge dismissed the said Notice of Motion. This order of the learned Single Judge dated 26th February, 2008 was subjected to an appeal being Appeal No. 509 of 2008. The Appeal Court passed the following order by consent of parties:-

(2.) After the order of the Appeal Court, another learned Single Judge of this Court (Shri R.Y. Ganoo, J) by order dated 30th November, 2010 inter alia framed the following issues under Order XIV Rule 2 of the CPC:-

(3.) The learned Judge further observed that looking to the aforesaid issues, defendant Nos. 1 and 2 stated that they will have to lead evidence. In view of the aforesaid statement, the matter was set down for recording of evidence on 13th January, 2011 on which date Defendant No.1 was directed to file his evidence affidavit as well as compilation of documents limited to the aforesaid issues. Pursuant to this order, it has been brought to my notice that evidence has been led on the aforesaid issues by the Plaintiffs as well as Defendant No.1 and the evidence is complete.