This disposal of a petition challenging a trial court's order dismissing an application to frame additional issues. The High Court found the petitioner's claim regarding set-off vague and dismissed the petition, permitting a fresh suit.
Petitioner is at liberty to file a fresh suit in support of his alleged claim if advised.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.M.No.4007-CII of 2011 and Civil Revision No.7183 of 2010 (O&M)
Date of Decision 10.02.2011
Suresh
...... Petitioner
VERSUS
M/s Shiv Shakti Enterprises, Commission Agent, Salwan and Assandh, Distt. Karnal
...... Respondent
CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL
Present: Mr.Mohit Garg, Advocate, for the petitioner.
A.N.JINDAL, J:
Aggrieved against the order dated 05.06.2010, passed by the Addl. Civil Judge (Senior Division), Assandh, dismissing the application for framing of additional issues, the petitioner-defendant has preferred the present petition.
Having perused the impugned order, the same sans any merit. The pleas, as set up by the petitioner with regard to set off, are vague.
Dismissed. However, the petitioner would be at liberty to file a fresh suit in support of his alleged claim if he is so advised.
(A.N.Jindal) Judge
10.02.2011 mamta-II
2 issues framed by the court
Whether the dismissal of the application for framing additional issues by the trial court is sustainable given the vague nature of the plea for set-off.
Whether the petitioner is entitled to file a fresh suit for the alleged claim.
Suresh
M/s Shiv Shakti Enterprises
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
