JUDGMENT

amit Bansal, J. - I.a. No. 3026/2022 (of the defendant u/O-XVIII R-1 of the CPC)

1. The present application has been filed on behalf of the applicant/defendant under Order XVIII Rule 1 of the Code of Civil Procedure, 1908 (CPC) seeking a direction that the non-applicants/plaintiffs be directed to lead the evidence in terms of Order XVIII Rule 1 of the CPC.

2. Issue notice.

3. Notice is accepted by the counsel appearing on behalf of the non-applicants/plaintiffs, on advance notice. He further submits that he does not wish to file a reply to the said application and has argued the matter straightway.

4. accordingly, arguments of both the counsels have been heard.

5. On 14th February, 2022, the following issues were framed in the case:

(i) Whether the suit is bad on account of misjoinder of parties? OPD

(ii) Whether the suit is bad on account of misjoinder of causes of action? OPD

(iii) Whether the defendant has pledged any ancestral gold and diamond jewellery worth Rs.4,40,00,000/- with the plaintiffs? OPD

(iv) Whether there is any delivery note dated 11th July, 2018 in existence signed by the plaintiff No. 1? OPD

(v) Whether the plaintiffs are entitled for a recovery of Rs.4,00,00,00