Prativarani Sahu Vs Amulya Naik

CMP No.43 of 2019

09. 05.12.2019

Heard Mr.D.K.Mishra, learned counsel for the petitioner and Mr.A. Mishra, learned counsel appearing for the opposite party no.1.

¶4

This petition involves rejection of an application under Order 11 Rules 1 and 2 CPC. While praying for putting the questions through the interrogatory also requiring for production of records for establishing such attempt. This CMP involves rejection of application under Order 11 Rules 1 and 2 CPC.

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Considering the submission of the parties and on going through the pleadings involving therein, this Court while looking into the questions raised through the application under Order 11 Rule 1 and 2, the Court finds the trial court while considering such aspect should not have gone into the merit involving the suit. The only consideration as to the relevancy for the pleadings also there, leading to such controversy, this Court finds that there is right framing of questions required for effective adjudication of the case. In the circumstances, this Court finds that there has been no appropriate consideration of the application under Order 11 Rule 1 and 2 CPC, resulting allowing of the CMP thereby allowing the application under Order 11 Rules 1 and 2 of C.P.C. directing the trial court to permit the petitioner to put the question by way of interrogatory.

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The CMP stands disposed of.

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…....……………………… Biswanath Rath, J.

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Prativarani Sahu v. Amulya Naik

Case brief

What is this about?

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Prativarani Sahu v. Amulya Naik

Case brief

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What did the court decide?

What the court decided

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Prativarani Sahu Vs Amulya Naik