these pleading the issues were framed on 9th November, 1994 and it was ordered that the issue No. 1, 'Whether the suit is barred ... striking the issue No. 1 whether the suit of the plaintiff was barred' was sought.
20. This application to strike off issue
failed to
return its own findings on the correctness of striking-off that
issue, thereby ignoring and leaving undecided a substantial
defence which goes ... trial court had
decided nothing since it deemed it appropriate to strike-off Issues
Nos.1 and 4; and then proceeded to observe the Issues
During the course of arguments, it was agreed that the issue of striking off
the defence be decided before going into the merits ... first appellate Court and arguments were addressed on the issue of
striking off the defence as well in terms of the liberty granted
satisfaction in a particular manner. It does
not deal with non-striking off issue.
7. B. A. Balasubramaniam & It deals with the old Explanation ... Explanation therein are applied. It does not deal with
the non-striking off issue.
14. Earthmoving Equipment This decision has been considered in the case
271AAA .
He further submitted that as regards the issue of striking off the relevant portion in the
notice issued is concerned, he submitted that this ... subsequently acted upon.
19. As regards the issue of striking off the relevant limb in notice u/s. 271(1) © is
concerned, we find that
discrepancies in the documentary
evidences and also enquiring about the issue of
striking off.
8 ITA No. 1058/Del/2022
Bhupendera Sharma (HUF)
20.12.2019 Assessee ... notice and cla rified about the issue of striking
off of th e purchaser compan y. Assessee also
clarified that first two land tenancy agreements
plaintiff is entitled for decree qua
restraining the defendants from disposing off the
assets and stocks, as prayed in para (iii) of prayer
clause ... passed by Ld. Predecessor of this Court. In
view of the striking off issue no.1 and modification of
CS (COMM)/2589/2022 Page
right,
title or interest in the suit property.
ISSUEWISE ANALYSIS AND FINDINGS
ISSUE NO. 1: Whether the suit is hit by Section ... facts and circumstances of the present case,
issue no. 1 is strike off.
ISSUE NO. 2: Whether the plaintiff has no locus standi to file
advanced their respective submissions, besides argument of
application for striking off the issue no.1. No arguments were advanced on
behalf of DDA. The petitioners ... application dated 11.11.2014 U/s XIV rule 5 CPC to strike off the issue no.1,
since the reference petition is confining to enhancement
assess the quantum of compensation and accordingly, the present
issue is striked off.
Issue No. (ii) Whether the petitioner is
entitled to compensation
