PRADEEP NANDRAJOG
MAHENDER KR. LAMBA – Appellant
Versus
SATENDER PRAKASH LAMBA – Respondent
( 1 ) THOUGH arguments were addressed by the parties on all the 3 captioned applications, counsel conceded that depending upon the decision in IA No. 5270/2005, other 2 applications be decided.
( 2 ) IA No. 5270/2005 has been filed by the defendant praying that the suit be dismissed as not maintainable. Order 7 Rule 11 CPC of the Code of civil Procedure has been invoked.
( 3 ) 3 grounds have been urged while invoking Order 7 Rule 11 of the code of Civil Procedure. The first is the unconditional withdrawal of CS (OS)No. 211/2003. The second ground urged is that in view of pendency of CS (OS)No. 2123/2003, second suit on the same cause is not maintainable. The 3rd plea is that the claim is barred by the limitation.
( 4 ) NEEDLESS to state, allegation under Order 7 Rule 11 CPC requires the court to treat each and every averment made in the plaint to be correct. However, pleadings in the plaint have to be read meaningfully.
( 5 ) MAHENDER Kumar Lamba (Plaintiff), Satender Prakash Lamba (Defendant), Jatender Prakash Lamba and Jogender Kumar Lamba are related to each other.
( 6 ) THEY appeared to have inherited enough wealth from their ancestors evidenced by t
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