Full Order Text
Final Order 1 · 03 Feb 2021 · CNR MHCC010135682019
Order Details: Notice of Motion Pdf Text: Page-1 Daily Status IN THE COURT OF :COURT 14 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0104955/2019 Syndicate Bank Vs Suhasini R. Atwal and Ors. Date : 03-02-2021 Business : None present. Order below NM no. 4955/19 Perused the Notice of Motion which is supported by an affidavit being executed by the Manager of the plaintiff. I have carefully perused the plaint and the written statement. In the plaint there is an avernment that suit flat was mortgage and it is specifically denied by defendant. Under these circumstances and in view of Order 14 Rule 1 of the CPC, the issue arise when a material proposition of fact for law is affirmed by one party and denied by the another. On perusal of the issues which are framed by my Ld. Predecessor by Exh.3 there is no issue with regard to creation equitable mortgage and hence the additional issue as per the draft issue annexed to Notice of Motion needs to be added as issue no.3-A below Exh.3, being the distinct issue. Hence, I pass the following order- ORDER The Notice of Motion No. 4955/19 is allowed in terms of prayer clause (a) and the draft issue annexed therein be added as issue no. 3-A below Exh.3. All concerned to act upon accordingly. Notice of Motion is disposed of accordingly. Nature of Disposal : ALLOWED Disposal Date : 03-02-2021 COURT 14 ADDL SESSIONS JUDGE -- 1 of 1 --