RATAN SINGH Vs. RATANLAL

JUDGEMENT

(1.) THE petition is decided finally at this stage for avoiding delay in disposal of the suit in context of which this Order has been passed.

(2.) SHRI Kutumble pointed out the averments made by opponents (original plaintiffs) in Para 2 schedule of the plaint wherein the area of land bearing survey Nos. 63, 65 has been shown as 4. 31 acres. He pointed out averments in Para 3 of the plaint in the schedule where area of survey Nos. 63, 65 has been shown as 4. 31 hectares. He further pointed out the schedule connected with Para 7 of the plaint wherein area of survey No. 63 has been shown 8. 28 hectares and area of survey No. 65 has been mentioned as 8. 26 hectares. By pointing out this sequence and details, Shri Kutumble submitted that when application was moved by the petitioner for better particulars in view of Order 6, Rule 5 C. P. C. , the trial Court rejected it by coming to the conclusion that it is a matter pertaining to evidence. In this context while advancing the submission Shri S. M. Jain, submitted that parties are in second round of the litigation after getting the verdict from the High Court in first round of the battle. He submitted that when that is so, the trial Court was right in coming to the conclusion that there was no need of directing the opponents to furnish better particulars to the petitioner.

(3.) PROVISIONS of Order 6 Rule 5 CPC provide-" further and better statement, or particulars-- A further and better statement of the nature of the claim or defence or further and better particulars of any matter stated in any pleading, may in all cases be ordered, upon such terms, as to costs and otherwise, as may be just. "