The High Court of Himachal Pradesh disposed of the petition observing that findings recorded by lower courts on an interim application under Order 39 Rule 2A CPC shall have no bearing on the trial of the main suit.
Observation that interim application findings do not affect main suit trial.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No. 128 of 2013 Date of decision: 16.5.2013
Shariff Mohammod …Petitioner Versus Nikka Ram and others ..Respondents.
Coram
The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ?1 No
For the Petitioner : Mr. Umesh Kanwar, Advocate, vice Mr. Manish Sharma, Advocate. For the Respondents :
Kuldip Singh , Judge ( Oral )
The learned counsel for the petitioner has submitted that the petitioner had filed an application under Order 39 Rule 2A CPC which was dismissed by the trial Court on 3.9.2011. The appeal filed by the petitioner was dismissed by the appellate Court on 15.1.2013. It has been submitted by learned counsel for the petitioner that petitioner will be satisfied if the observation is made that findings recorded by the learned Courts below on the application under Order 39 Rule 2A CPC shall have no bearing on the trial of the main suit. The apprehension shown by the petitioner is totally misconceived.
2. The two Courts below have disposed of the application under Order 39 Rule 2A CPC and suit will be decided by the trial Court
1 Whether reporters of Local Papers may be allowed to see the Judgment ?yes
2
on merits on the basis of the pleadings and evidence on record. The
petition is disposed of with these observations.
May 16, 2013 ( Kuldip Singh ), (GR) Judge.
2 issues framed by the court
Whether findings on an interim application under Order 39 Rule 2A CPC affect the trial of the main suit.
Whether the appeal against the dismissal of an application under Order 39 Rule 2A CPC should be allowed.
1 provisions across 1 enactments
Shariff Mohammod
Nikka Ram
Kuldip Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
