Bengal Mill Stores Private Ltd. Vs Jayesh C. Doshi and 4 Ors.

This appeal is directed against the order dated 16 December 2011 of the learned Single Judge of this Court declining to pass a decree under Order 12 Rule 6 of the Code of Civil Procedure. The learned Single Judge while disposing of the Notice of Motion has observed that since the suit is of the 2003 and is due for hearing, by a separate order issues have been framed in the suit and necessary directions pertaining to filing of evidence and documents are issued to the parties.

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Learned counsel for the defendant Nos.1 and 2 states that the matter is, therefore, now fixed on 13 February 2012 for the purpose of filing of evidence and documents of the plaintiff.

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gopi 2

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app-44-12

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In view of the above observations and having regard to the fact that the suit is of the year 2003, we dispose of this appeal with a request to the learned Single Judge to take up the suit for trial as expeditiously as possible after the plaintiff files affidavit of evidence and documents.

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We have also taken into consideration the assurance being given by the learned counsel for the defendant Nos.1 and 2 that they will not pray for adjournment.

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Appeal stands accordingly disposed of.

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CHIEF JUSTICE

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(RANJIT V. MORE, J.)

Bengal Mill Stores Private Ltd. v. Jayesh C. Doshi and 4 Ors.

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Bengal Mill Stores Private Ltd. v. Jayesh C. Doshi and 4 Ors.

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