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2017 Supreme(SC) 1562

DIPAK MISRA, A.M.KHANWILKAR
Nirmala Devi – Appellant
Versus
Gurgaon Scheduled Caste Vimukta Agricutlure Thrift and Credit Society Limited – Respondent


Advocates Appeared:
For the Appellants :S.R. Singh, Sr. Adv., Ms. Pritha Srikumar, Shujoy Mazumdar, Advocates
For the Respondents:V.K. Bhardwaj, Sr. Adv., Daya Krishan Sharma, Subhash Sharma, Abhishek, Ms. Monika Sharma, Rohit Vats, Harikesh Singh, Kamal Mohan Gupta, Advocates

ORDER :

Leave granted.

2. The present appeals, by special leave, call in question the legal propriety of the judgment and order dated 1st February, 2016, in R.S.A. No.2046 of 2012 passed by the High Court of Punjab & Haryana at Chandigarh, vide which the learned Single Judge after considering various aspects has held thus:-

"At this stage, without embarking upon merits of this case, lest it may prejudice anybody's case at the relevant stage, it can be appreciated that the trial Court has adverted only to the findings under issues No.1 and 2 and such findings have been made subject matter of decision of issues No.3 and 4. Issue No.3 could have been framed on the basis of stand taken in the written statement as well as on the basis of pleadings of the counter claim. No specific issue of counter claim was framed though the onus of issue No.3 was fastened upon the defendants. Even, if, it is taken to be an issue framed on counter claim, the findings were required to be returned by the trial Court independently. As mentioned in para No.22 of the judgment of the trial Court, the findings under issue No.3 have been returned on the basis of findings recorded on issue No.1 and 2. No decision h









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