KALYAN SINGH Vs. JAMES S RAM

JUDGEMENT

(1.) THE learned Addl. District Judge No. 5, Jaipur City, Jaipur, by his order dated 23 -11 -1985, dismissed an application under O. VI, Rule 5, CPC, presented by the defendant for furnishing better particulars. No. specific reason was given as to why it was considered proper not to direct the plaintiff to furnish the better particulars.

(2.) THE learned Counsel for the petitioner has contended that in this suit for damages instituted by a tenant, the plaint does not disclose the details of the loss suffered by the plaintiff. It has been vaguely mentioned that the petitioner broke open the shop and took away the goods and other valuable things including the cash by removing two 'Patties' and shutter of the shop. The loss has been described as goods taken away amounting to Rs. 50,000/ -counter shelf, furniture and fixtures etc. damage Rs. 10,000/ -, financial loss to the business Rs. 50,000/ - and mental and physical suffering Rs. 50,000/ -financial loss on account of litigation etc. Rs. 10 000/. After giving this break up, he restricted the claim only to Rs. 15,000/ - by mentioning the amount under each head According to the learned Counsel for the petitioner unless the particulars of the loss suffered by the plaintiff respondent are mentioned, he is not in a position to submit a proper written statement. He also contended that without particulars, he may not be able to deny the specific allegations and it, may be possible that it would be held against him that he has admitted the same.

(3.) I have carefully considered the contentions advanced on both the sides. In the present case the learned Addl. District Judge has not given any reasons for rejecting the application submitted by the defendant petitioner asking for other particulars, the jurisdiction vested in the lower court has not been exercised or it can be said that it has been exercised illegally and with material -irregularity. As such the jurisdiction of this court under Section 115 CPC cannot be said to be barred.