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2015 Supreme(MP) 868

SUJOY PAUL
Poonam Mansharamani (Smt. ) – Appellant
Versus
Ajit Mansharamani – Respondent


Advocates:
R.S. Chhabra for petitioner;
Vishal Baheti for respondent.

ORDER

1. The parties are at loggerheads on the validity of the order dated 31.7.2015, passed by the Sixteenth Additional District Judge, Indore in Civil Suit No.6-A/2014.

2. Draped in brevity, the facts are that the petitioner-plaintiff filed a suit for possession based on title and mesne profit against the respondent-defendant. The respondent filed his written-statement and contested the suit. The petitioner then filed an application under Order 11 rules 1 and 4 of the Code of Civil Procedure (CPC) dated 29.4.2015 (Annexure P-7). Along with the said application, the petitioner enclosed interrogatories. In turn, the respondent filed his reply on 1.7.2015 (Annexure P-8). The Court below rejected the aforesaid application (Annexure P-7) by impugned order dated 31.7.2015. This order is called in question in this petition filed under Article 227 of the Constitution.

3. Shri Chhabra, learned counsel for the petitioner criticized the said order by contending that the application (Annexure P-7) was filed in order to elicit the admission from the defnedant to avoid the lengthy evidence and with a view to get expeditious disposal of the suit. The Court below has erred in rejecting the applicat








































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