Dismissed

Rajveer Kaur Sandha v. Jeet Singh

Chhattisgarh HC3 Dec 2015CR/84/2015

Case brief

AI extract

What is this about?

The single judge dismissed a civil revision to direct the lower trial court to frame issues based on pleadings. The court ordered that the impugned order barring the raising of issues should not hinder the appraisal of respective questions.

What did the court decide?

Directed the Court below to frame all necessary issues on the basis of pleadings from written statement and plaint. Ordered that the impugned order dated 11.8.2015 shall not hinder appreciation of iss

Rajveer Kaur Sandha Vs Jeet Singh — Contract and Commercial Disputes | Chhattisgarh HC (2015)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR Civil Revision No. 84 of 2015

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Rajveer Kaur Sandha W/o Harbhajan Singh Aged About 40 Years

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Harbhajan Singh S/o Gurubux Singh Aged About 62 Years Both are R/o B. K. D. 21, Sector- 9, Bhilai, Tahsil And DistrictDurg Chhattisgarh (Defendants)

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---- Petitioner

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Versus

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Jeet Singh S/o Gurubux Singh Aged About 64 Years R/o Block No. 8, Plot No. 9, Priyadarshni Premises (West) Bhilai Nagar, District - Durg Chhattisgarh (Plaintiff)

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State Of Chhattisgarh Through The Collector, Durg Chhattisgarh (Defendant)

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---- Respondents

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For Applicants : Shri Goutam Khetrapal, Advocate For Respondent 1 : Shri Rajiv Shrivastava and Shri Malay Shrivastava, Advocates

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For Respondent 2 : Shri Aditya Shrama, PL

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HON'BLE SHRI JUSTICE CHANDRA BHUSHAN BAJPAI ORDER

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03/12/2015

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1 . Heard.

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2 . After arguing for some time, it is prayed on behalf of the applicants that the trial Court may be directed to formulate appropriate issues on the basis of written statement filed by the applicants along with pleadings of other parties and after formulation of the issues, same may be disposed of as a preliminary issue or if the issues seems to be

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mixed question of facts and law after adducing evidence by the parties, as the case may be. It is further prayed that while hearing those issues

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appreciation in impugned order dated 11.8.2015 on an application under Order 7 Rule 11 (d) of the Code of Civil Procedure, may not come in the way.

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3 . Learned counsel for respondent 1 has no objection to the above proposition.

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4. On due consideration, the instant Civil Revision filed is disposed of without any appreciation on its merits. The Court below is directed to frame all the necessary issues on the basis of the pleadings made in the written statement along with pleadings of the plaint and after formulation of the issues, the issues may be heard either as a preliminary issue or otherwise, as the case may be. It is further directed that the impugned order dated 11.8.2015 shall not come in the way for appreciation of respective issues raised in the matter.

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5 . The petition is disposed of.

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6 . No order as to cost. Sd/

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(Chandra Bhushan Bajpai)

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JUDGE

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sunita

Rajveer Kaur Sandha v. Jeet Singh

Case brief

What is this about?

What did the court decide?

Rajveer Kaur Sandha v. Jeet Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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