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1983 Supreme(Raj) 37

M.C.JAIN
Bhanwarlal Kavad – Appellant
Versus
Shyamsunder – Respondent


Advocates Appeared:
M.M. Vyas, for Petitioners; A.L. Chopra for non-petitioners No. 1 & 2.

M.C. JAIN J.—This revision is directed against the order dated 28.8.1982, whereby the defendant-petitioners applications under Or. 10, Rules 1 and 2, C.P.C., dated 2. 12. 1981 and 10.5.1982, were rejected.

2. The plaintiff-non-petitioners No. 1 and 2 instituted a suit for rendition of accounts against the present petitioners and two other defendants. Defendant No. 1 Bhanwarlal filed his written statement on 8.5.1981, Thereafter written statements were filed by the other defendants. On 10.7.1981, the plaintiffs moved an application for permission to file additional written statement under Or 8, Rule 9, C.P.C. This application of the plaintiffs has not so far been disposed of. On 11.8.1981 the defendant Bhanwarlal moved an application for admission and denial of the original notice said to be signed by the plaintiff Shyamsunder, as a plea has been taken by him in his written statement that the plaintiffs suit is barred by time. A further application to the same effect was presented by the defendant Bhanwarlal on 2.12.1981 and on that very day, he moved an application under Or. 10, Rules 1 and 2, C.P.C, for recording the statements of the parties namely the plaintiffs and the defendant




















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