Dinesh Maheshwari, J. - (1.) THIS writ petition by the defendant -petitioner is directed against the order dated 20.11.2007 (Annex.6) passed by the learned Additional District Judge (Fast Track) No. 2 Jodhpur during the course of final hearing of the money recovery suit as filed by the plaintiff -respondent.
(2.) SHORN of unnecessary details, for the purpose of this writ petition suffice is to notice the background facts and aspects that the suit in question has been filed by the plaintiff - respondent for recovery of Rs. 25,77,025/ -, said to be the amount due in the defendant towards credit sales. The defendant -petitioner has put the suit to contention on various grounds including the question on the quality of goods supplied. The suit was put to trial after framing of issues by the learned Trial Court; and the relevant issue No. 1 reads as under: ...[VERNACULAR TEXT COMITTED]...
(3.) IT appears that after framing of issues on 23.10.2002, an application was moved by the defendant on 08.05.2003 for amendment of issues that came to be rejected by the learned Trial Court on 12.03.2004; however, another application for amendment of the issues as moved by the defendant on 20.04.2005 was allowed on 27.04.2005 with framing of an additional issue No. 6A. It further appears that the parties have already adduced their oral and documentary evidence and the matter was being finally heard by the learned Trial Court when some arguments were advanced on behalf of the defendant that the plaintiff was not a Company registered under the Companies Act, 1956 and hence the suit was not maintainable.;