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$-26 HIGH COURT OF DELHI
FAO(OS) 384/2013
SUBHASHKAPOOR
Appellant
Through: Mr. Arvind Kumar Nigam, Sr. Adv. with Mr.Rajiv K.Nanda and
Mr. Shyam Sharma, Advs.
$-26 HIGH COURT OF DELHI
FAO(OS) 384/2013
SUBHASHKAPOOR
Appellant
Through: Mr. Arvind Kumar Nigam, Sr. Adv. with Mr.Rajiv K.Nanda and
Mr. Shyam Sharma, Advs.
VERSUS
SURAJ PRAKASH KAPOOR & ORS Respondents
Through: None.
Through: None.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE NAJMIWAZIRI
26.08.2013 FAOfOS) 384/2013 & CM 12961/2013(u/S.5 of the Limitation Act)
It was argued by the learned counsel forthe appellant thatthe learned
Single Judge fell into error inpermitting the six defendants to putquestions which went beyond the scope of the pleading and that such evidence is barred in view of the settled position that no amount of evidence which is contrary to the pleadings can be looked into by the Court. This Court does not propose topronounce upon such submissions. It isopen to the appellant to record objections to the questions which he may have objection to. The
2013:DHC:7366-DB ;y same would be considered in accordance with law at the stage of final hearing and disposal ofthe suit.
In the light of the above observations, the learned counsel seeks libertyto withdrawthe appeal.
The appeal is dismissed aswithdrawn.
S.RAyiNDRABHAT,J 'sn' 7AZIRI,J AUGUST 26,2013
2013:DHC:7366-DB
HON'BLE MR. JUSTICE NAJMIWAZIRI
26.08.2013 FAOfOS) 384/2013 & CM 12961/2013(u/S.5 of the Limitation Act)
It was argued by the learned counsel forthe appellant thatthe learned
Single Judge fell into error inpermitting the six defendants to putquestions which went beyond the scope of the pleading and that such evidence is barred in view of the settled position that no amount of evidence which is contrary to the pleadings can be looked into by the Court. This Court does not propose topronounce upon such submissions. It isopen to the appellant to record objections to the questions which he may have objection to. The
2013:DHC:7366-DB ;y same would be considered in accordance with law at the stage of final hearing and disposal ofthe suit.
In the light of the above observations, the learned counsel seeks libertyto withdrawthe appeal.
The appeal is dismissed aswithdrawn.
S.RAyiNDRABHAT,J 'sn' 7AZIRI,J AUGUST 26,2013
2013:DHC:7366-DB
JUDGMENT