Allahabad High Court
Moin Ahmad Farooqui And 3 Others vs Deoki Devi Infra Build India Limited on 10 April, 2024
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:62844 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 4448 of 2024 Petitioner :- Moin Ahmad Farooqui And 3 Others Respondent :- Deoki Devi Infra Build India Limited Counsel for Petitioner :- Arsh Ahmad Farooqui,Bakhteyar Yusuf Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the petitioners and perused the record.
2. Submission advanced by learned counsel for the defendants-petitioners is that the plaintiff has to stand on his own legs to prove his case as per the plaint allegation. Once the plaint case is set up by the plaintiff-respondent on the basis of sale deed, the interrogatories that were placed by the plaintiffs, were not required at this stage. Plaintiff could have led his own evidence in support of the case and the defendants' defence and leading of documents, would have been seen at the stage of their evidence only when the Court is in the realm of evidence after framing the issues. He submits that the manner in which interrogatories have been issued amounts to caveat to the written statements and the defence set up by the defendants-petitioners.
3. From a perusal of the interrogatories and the objections filed by the defendants-petitioners, prima facie, the argument advanced by learned counsel for the petitioners appears to have substance. Matter requires consideration.
4. Issue notice to respondents returnable within eight weeks. Steps be taken within two weeks.
5. List on the date indicated in the notice.
6. In the meanwhile and until further orders, effect and operation of the order dated 23rd February, 2024 passed by the trial court shall remain stayed.
7. However, the trial court will proceed with framing of issues and directing the parties to lead their evidence in the meanwhile.
Order Date :- 10.4.2024 Shiraz