Disposed

Yadgiri Vyankatayya Pitta v. Shri Sadguru Enterprises

Bombay HC16 Feb 2009WP/1461/2009

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, through Writ Petition No. 1461 of 2009, heard a petition challenging the trial court's refusal to strike out an issue. The petitioner sought to reframe an issue regarding credit sales. The court directed the reframe and disposed of the petition holding the order correct.

What did the court decide?

Direction to the Trial Court to reframe Issue No.1 and order that no issue be struck out.

Yadgiri Vyankatayya Pitta Vs Shri Sadguru… — Civil Procedure and Limitation | Bombay HC (2009)

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Lsp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 1461 of 2009

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Yadgiri Vyankatayya Pitta V/s. Shri Sadguru Enterprises

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...Petitioner

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...Respondents

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Mr. I.M.Khairdi for the petitioner.

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CORAM : A.M.KHANWILKAR,J. DATED : 16TH FEBRUARY, 2009

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P.C.

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.	Heard	Counsel for th	e parties.	For the	nature of
order	that I	propose	to	pass	which	is	not	going to	cause
prejudice	to	the	pl	aintiff	and	would	be	the	correct
position	on	the	basis	of	which	the	trial	should	proceed
further,	I	do not	thi	nk i	t nec	essary	to	delay the	trial
by	issuing	notice	on	this	writ	petiti	on.	Instead	the

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direction is issued to the Trial Court to reframe issue

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no.1 to read as under:

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"Does plaintiff prove that the goods (colour and chemicals) have been purchased, sold and delivered to the defendant on credit account of Rs. 74,361/of Sadguru Enterprises?"

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Reframing of issue no.1 on the above basis would

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answer all the arguments which are agitated before this

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Court.

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In so far as request of striking of issue no.4 is

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concerned, no interference is warranted with the conclusion of the Trial Court in rejecting the said request. 4. Petition is disposed of on the above terms.

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[A.M.KHANWILKAR,J.]

Yadgiri Vyankatayya Pitta v. Shri Sadguru Enterprises

Case brief

What is this about?

What did the court decide?

Yadgiri Vyankatayya Pitta v. Shri Sadguru Enterprises

Case brief

What is this about?

What did the court decide?

What the court decided

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