2] However, it is brought to our notice that notice of motion was not ready to be heard since pleadings were incomplete at that relevant point of time. Further it is submitted that though pleadings are ready, not yet taken on record. If notice of motion is heard on merits by learned Single Judge he would be referring to the pleadings which would come on record, would assist the court to take a proper opinion depending on the facts and the law involved in it. If notice of motion in suit is heard by this court as an appellate court, one stage of litigation would be no doubt less but it may become a burdensome task for the parties. They must have the best possible stages of litigation at an easy access. Time to deposit is extended from time to time from September 2015. In the facts and circumstances of the matter, we extend time to deposit for a month from today as directed in direction (b) of the impugned order. Meanwhile pleadings should be completed and the notice of motion could be heard on merits in the suit. If there is any attempt to prolong the hearing of the notice of motion on merits, it is open to the parties to bring to the notice of the court the prejudice or the difficulties they have to face. Depending upon the party who is delaying hearing of the matter, learned Single Judge can proceed with the matter modifying the directions already issued.
