VINOD GUPTA Vs. MEHMA SINGH AND ORS.

JUDGEMENT

(1.) CM No. 17531-CII of 2014

(2.) Learned counsel complains that an important step in the proceedings has been omitted which has caused prejudice to him inasmuch as he has lost an opportunity to call the defendants to admit and deny documents, which procedure infact is intended to shorten the litigation so that the real issues arising from the pleadings can be struck conveniently. He submits that the issues framed by the Court also do not reflect truly the issues arising which in any case can only crystalize if the defendants are called upon to admit or deny documents and to answer interrogatories in case, they are filed, the opportunity for which has also been denied.

(3.) There is merit in what the plaintiff submits. The defendants cannot urge before this Court in case, they are issued summons to appear to resist the petition that the plaintiff cannot file application for admissions and denials and interrogatories which are permitted by the Code of Civil Procedure, 1908 as a valuable step in the proceedings. Therefore, this petition is allowed. The petitioner will file an application for admission and denial of documents and to serve interrogatories on the defendants on the next date fixed before the trial Court, i.e. September 15, 2014. The defendants may be called upon to file their replies within a reasonable time thereof after which the learned trial Court would consider the result of the exercise and strike issues accordingly. In case, the issues as already framed arise, they may be retained. If any additional ones arise the trial court would address itself to them.