Honble Chairman Vice Chairman And All ... vs Rameshchandra Biharilal Gangwal on 13 September, 2017
25. In so far as order 14 Rule 2 is concerned, no doubt, it would be
the discretion of the Trial Court to decide whether an issue could be
advantageously decided peremptorily so that the time of the litigating
sides as well as the Court could be saved in the event the suit is held
untenable. In the impugned order, I do not find that the Trial Court
has adverted to the pleadings of the plaintiff and the factors that
have led the plaintiff to file a suit and demand damages. I also do
not find whether the Trial Court has considered that Section 164 is a
mandatory provision and considering the law laid down in Sahara
India case (supra), the Trial Court is expected to seek compliance of
the said provision.