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2011 Supreme(Del) 136

VIKRAMAJIT SEN, SIDDHARTH MRIDUL
SWARAN SINGH – Appellant
Versus
SURINDER KUMAR – Respondent


Advocates Appeared:
Mr. Pramod Ahuja, Adv.
Ms. Jyoti Mendiratta, Adv.

JUDGMENT

VIKRAMAJIT SEN, J.

1. This Appeal lays siege to the Order dated 22.12.2010 passed by the learned Single Judge dismissing the Appellant’s Suit pursuant to an application filed under Section 151 of the Code of Civil Procedure, 1908 (CPC for short). We have summoned the Trial Court records and have heard the matter in complete detail.

2. The Plaintiff has already filed two applications seeking amendment to the Plaint which were rejected by the High Court and against which he has approached the Hon’ble Supreme Court without success. It is not in dispute that the third application for amending the Plaint was pending but remained unadjudicated at the time when the Suit was dismissed. We desist from giving a detailed account of the litigation as it will make this Judgment needlessly prolix. However, it is germane to mention that the learned Single Judge had, by Order dated 19.11.2008, framed as many as nine Issues; had granted the parties an opportunity to file List of Witnesses within three weeks; had directed the Plaintiff to file affidavit by way of Examination-in-Chief; and had further directed the Joint Registrar to fix the dates for cross-examination of the Plaintiff’s Witne















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