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1989 Supreme(All) 310

D.S.SINHA
RAGHUBIR SARAN – Appellant
Versus
KRISHNA KUMAR – Respondent


Advocates Appeared:
P.K.Singhal

D. S. SINHA, J.

( 1 ) THE list has been revised. nobody appears for the parties.

( 2 ) IN Original Suit No. 36 of 1979, Chudhari Krishna Kumar v. Raghubir Saran, pending in the Court of Judge. Small Causes, Moradabad, the applicants, who figure as defendants, raised a plea to the effect that the suit was wrongly valued. They further asserted that the value given in Schedule Ka had been wrongly given. And that the real price given by plaintiff was much less. It was also the plea of the applicants that the value of the property shown by the plaintiff was more than the marked value. In support of these pleadings the applicants did not give any detail. By means of the order dated 25th August, 1982, impugned in the instant revision, the applicants have been called upon to give details.

( 3 ) UNDER R. 5 of O. VI of the Code of Civil Procedure, 1908 Court can always, in all cases, order furnishing of a further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading.

( 4 ) OBVIOUSLY, the pleadings, noticed earlier, lack precision. The Court below was, therefore, perfectly justified in requiring the applicants to give




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