KAUSHAL KUMAR AGARWAL AND 3 OTHERS Vs. NEW LINE MERCANTILE PVT. LTD.
LAWS(ALL)-2016-10-49
HIGH COURT OF ALLAHABAD
Decided on October 19,2016

Kaushal Kumar Agarwal And 3 Others Appellant
VERSUS
New Line Mercantile Pvt. Ltd. Respondents

JUDGEMENT

Pankaj Mithal, J. - (1.) Heard Sri P.N. Srivastava, learned counsel for the petitioners and Sri Ajay Kumar Singh, learned counsel appearing for the plaintiff-respondent.
(2.) The petitioners have impugned the order dated 3.09.2016 passed by the court of first instance in Original Suit No.52 of 2015 by which the application purported to have been filed under Order 10, Rule 2 C.P.C. has been rejected.
(3.) The facts of the case reveal that the plaintiff-respondent filed a suit for declaring the sale deed dated 15.12.2014 to be void and for a decree of permanent injunction in respect of the suit property. In the said suit, after parties have exchanged pleadings and the matter was fixed for framing of issues, the petitioners moved an application on 22.08.2016 under Order 10, Rule 2 C.P.C. contending that the plaint is very vague and, therefore, Saurabh Agarwal, Managing Director of the plaintiff-respondent be summoned for examination to get elucidated the facts stated therein.;


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