Final Order 1

Order Details: Other
Pdf Text: 12.12.2022
Sr. No. 66
SU 1830/10
CS 1212/19
CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03)
Adv. G. R. Mishra for plaintiff present.
None present for defendant.
Heard the advocate for plaintiff.
Advocate for defendant is absent who had argued earlier in this CS. The
defendant is seeking amendment in WS. They want to add a defence
regarding the jurisdiction of this court contending that the property is
registered with the WAKF on 13.08.2018, hence, this court has no
jurisdiction to try the suit and they want to amend the WS as per the
schedule annexed with the CS. The plaintiff raised the objections
contending that same type of objections were raised in connected matter
and the matter is pending before the Honble High Court. He also
submitted that the plaintiff has challenged the registration of the trust
with the WAKF which is pending before Honble High Court. Lastly, it is
his contention that issues are already framed, evidence is adduced, hence,
CS is not tenable.
So far as the matter before Honble High Court is concerned, the decision
of Honble High Court will definitely affect the contention of the parties.
But, I am of the view that the defendants may raise the issue of
jurisdiction which is necessary and they are claiming that after the
registration of the trust with the WAKF, this suit is not maintainable
before this Court.
Admittedly, the matter is yet to be fixed for crossexamination. Hence, the
proviso provided under the Rule 17, Order 6 of CPC is not applicable.
Consequently, the CS deserved to be allowed.
ORDER
1. CS No.1212/19 is hereby allowed.
2. Defendants are permitted to amend the WS as per schedule and to
carry out amendment within stipulated period.
3. Defendant to serve the copy of amended WS to the plaintiff on or
before next date.
4. CS is disposed off accordingly.
Matter stands adjourned to 24.01.2023 for compliance.
Judge
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