The appeal was dismissed as not pressed. The court directed that the appeal be dismissed on the terms that preliminary issues be taken up for hearing while evidence recording by the Local Commissioner continues.
The appeal is dismissed. Preliminary issues shall be heard despite Local Commissioner evidence.
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Through Mr Amitabh Chaturvedi, Adv. with Mr Sumit Shukla, Adv. versus
SHIV RAJ GUPTA & ORS. ..... Respondents Through None.
CORAM: HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE ASHUTOSH KUMAR O R D E R % 14.12.2016
The learned counsel for the appellant does not press this appeal. He seeks a direction that the preliminary issues be taken up for hearing irrespective of the fact that the evidence shall be recorded by the Local Commissioner. We find that this is also tenor of the impugned order because it records that the preliminary issue would continue to be treated as preliminary issues but keeping them as such would not delay the trial of the suit. This clearly means that the preliminary issues would be taken up for hearing as preliminary issues and the trial could also continue.
We are informed that the next date of hearing is 13.02.2017 and it has been listed for arguments on the preliminary issues. We expect the learned single Judge to take up this matter for hearing on that date. The evidence to be recorded by the Local Commissioner shall continue as directed by the learned single Judge.
The appeal is dismissed as not pressed on the above terms.
BADAR DURREZ AHMED, J
ASHUTOSH KUMAR, J
DECEMBER 14, 2016/ab
1 issue framed by the court
Whether preliminary issues in a suit can be heard despite evidence being recorded by a Local Commissioner?
RAVI RAJ GUPTA & ANR.
SHIV RAJ GUPTA & ORS.
BADAR DURREZ AHMED
ASHUTOSH KUMAR
As recorded by the court registry
An appeal to a Division Bench against an order made by a single judge on the original side of the High Court.
Judgements on the same questions, provisions and authorities, from every court
