SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1981 Supreme(Raj) 134

S.K.M.LODHA
Harish – Appellant
Versus
Som Nath – Respondent


Advocates Appeared:
B.M. Singhvi & M.D. Boob, for Petitioner; L.R. Calla, for Respondents No. 1 to 3; Rewa Chand, for Respondents No. 5 to 10.

S.K. MAL LODHA, J —This is a plaintiffs revision under section 115, C.P.C directed against the order dated September 27, 1980 of the learned Civil Judge,, Pali by which he dismissed the application under O. XIV, r. 5 C.P.C. on September 6, 1980 which was filed on behalf of the guardian-ad-litem of the minor defendants No. 2,3,7 and 8 for framing of the additional issues.

2. The defendant-non-petitioners instituted a suit for redemption of mortgage and rendition of accounts on January 8, 1973. The plaint is dated October 11, 1972. The suit was resisted by defendants No 1 and 4 on various grounds by filing a written statement dated January 10. 1974. A rejoinder was filed by the plaintiffs on February 28, 1974. On behalf of minor defendants No. 2,3,7 and 8. guardian-ad-litem tiled the written statement on July 15, 1973. The learned Civil Judge framed as many as 18 issues inclusive of the relief. Issue No. 13 relating to the court fee was decided in favour of the defendants and the plaintiffs were directed to make up the deficit court fee and amend the plaint. On January 5, 1979, defendant No. 2 Harish moved an application under O. XXXII, rr. 3 and 4 read with Sec. 151, C.P.C. praying t




























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top