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

2016 Supreme(All) 1258

PANKAJ MITHAL
KAUSHAL KUMAR AGARWAL – Appellant
Versus
NEW LINE MERCANTILE PVT. LTD. – Respondent


Advocates:
Counsel :
Prabhu Narain Srivastava and Suresh Srivastava for the Petitioners; Ashish Kumar Singh for the Respondent.

JUDGMENT

Hon’ble Pankaj Mithal, J.—Heard Sri P.N. Srivastava, learned counsel for the petitioners and Sri Ajay Kumar Singh, learned counsel appearing for the plaintiff-respondent.

2. The petitioners have impugned the order dated 3.9.2016 passed by the Court of first instance in Original Suit No. 52 of 2015 by which the application purported to have been filed under Order X Rule 2 C.P.C. has been rejected.

3. The facts of the case reveal that the plaintiff-respondent filed a suit for declaring the sale-deed dated 15.12.2014 to be void and for a decree of permanent injunction in respect of the suit property. In the said suit, after parties have exchanged pleadings and the matter was fixed for framing of issues, the petitioners moved an application on 22.8.2016 under Order X Rule 2 C.P.C. contending that the plaint is very vague and, therefore, Saurabh Agarwal, Managing Director of the plaintiff-responent be summoned for examination to get elucidated the facts stated therein.

4. The aforesaid application has been rejected by the impugned order dated 3.9.2016.

5. Sri Ajay Kumar Singh, learned counsel for the petitioner has raised a preliminary objection that the impugned order is revisa

















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