- (1.) Plaintiff-appellant has filed the present appeal challenging the judgment and decree dated 30th January, 2012 passed by the trial court dismissing the Original Suit No.1396 of 2011, as well as the judgment and order dated 6.10.2012 passed by the Additional District Judge, Ghaziabad, rejecting his Civil Appeal No.81 of 2012.
(2.) Respondents in the present appeal have already appeared and learned counsel for the parties submit that the present appeal be finally decided on the substantial question nos. A, E, F & G framed in the present appeal, which are reproduced:- "A. Whether the courts below have committed a manifest error of law in rejecting the suit of the plaintiff under Order VII Rule 11(d) C.P.C. on the basis of the averments made in the written statement ? E. Whether the courts below have committed a manifest procedural error in dismissing the suit of plaintiff under Order VII Rule 11(d) C.P.C. as barred by section 26 of The Sick Industrial Companies (Special Provisions) Act, 1985 rather than framing an issue of law and deciding the same as a preliminary issue ? F. Whether the courts below in ignoring to consider that the issue of legal bar to the suit raised by the defendant in his written statement can be considered and decided only after relevant evidence is adduced by either side and thus have committed an error of law in dismissing the suit under Order VII Rule 11 (d) C.P.C. ? G. Whether the courts below have erred in law in dismissing the suit of the plaintiff in reading the documents filed by the defendants, which had yet not been exhibited and as such were inadmissible in evidence ?"
(3.) In view of the prayer made by learned counsel for the parties, the appeal has been heard on the substantial questions, and is being decided finally by this judgment.;