The High Court of Chhattisgarh allowed a writ petition granting petitioners an opportunity to file interim applications under specific CPC rules and ensuring the impugned order did not obstruct the process.
Grant of opportunity to file interim applications under Order VI Rule 17 and Order VIII Rule 16A CPC; impugned order held not to obstruct disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No. 1082 of 2015
---- Petitioners
Versus
---- Respondents
| For Petitioners : |
Shri P.P. Sahu, Advocate. |
|---|---|
| For Respondent No.2/ State : |
Shri S.C. Khakhariya, Deputy A.G. |
Hon'ble Shri Justice Chandra Bhushan Bajpai
Order on Board
07/01/2016
(1) At the outset, Learned counsel for the Petitioners prays that they may be given an opportunity to file two separate interim applications i.e. under Order VI Rule 17 and Order VIII Rule 16A of the Code of Civil Procedure, 1908 (for short 'the Code'). Learned counsel for the Petitioners also prays that after filing the aforesaid two duly constituted applications, opportunity may be given to the other parties to file their reply and after hearing the parties both the interim applications may be disposed of on merits. Learned counsel further prays for direction that the impugned order shall not come in the way for disposal of the aforesaid two interim applications.
-2-
(2) On due consideration, the instant WP (227) is hereby disposed of granting an opportunity to the Petitioners to file the above two interim applications duly constituted before the Court below as per the law. Needless to mention that the impugned order dated 4.11.2015 passed by the Court below in Civil Suit No. 26-A of 2013 shall not come in the way for disposal of the said two applications on merits.
(3) No order as to costs.
Sd/-
(Chandra Bhushan Bajpai) JUDGE
Nimmi
2 issues framed by the court
Whether petitioners should be allowed to file interim applications under Order VI Rule 17 and Order VIII Rule 16A CPC.
Whether the impugned order in the underlying suit should impede the disposal of the interim applications.
2 provisions across 1 enactments
Snehlata Paul
Anwar Paul
Shanta Bai
Nirmal Pannalal
State Of Chhattisgarh
Chandra Bhushan Bajpai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
