GRASIM INDUSTRIES LTD. Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is an application for revision of an order passed by the trial Court directing the parties to the suit to appear before the Court in person for being examined under Or. 10 of C.P.C. What has been observed by the Court is only that it appears necessary to examine the parties before framing issues. A perusal of Rules 2 and 4 of Order 10 C.P.C. would show that unless the Court finds that the counsel for the parties present in the Court are not able to answer material questions relating to the suit put to them by the Court, the Court cannot direct a party to remain present in the Court for examination.

(2.) IN the present case the Court has not put questions to the learned counsel appearing for the parties and, therefore, the question of asking the parties to remain present for examination under Order 10 does not arise. The revision application is allowed. The impugned order is set -aside. The Court shall proceed with the suit in accordance with law.