Shakun Jaiswal vs Anand Pershad Jaiswal & Ors. on 3 February, 2016


1. Both these appeals impugn the common order dated 22.09.2014
in CS(OS) 2064/2009. FAO (OS) 457/2014 is filed by the defendant
no. 1 in the suit and FAO (OS) 459/2014 is filed by the defendant no.
2 in the suit. Respondent no. 1 in both the appeals is the plaintiff in
the subject suit.
2. The plaintiff filed the suit for declaration and mandatory
injunction for declaring the transfer of funds amounting to £ Sterling
86,41.735.81, US $ 2.54.589.83 and € 10,000 from the accounts
belonging to late Shri L.P. Jaiswal in favour of defendant no. 1 to be
fraudulent transactions and therefore null and void and for reversing
the said transactions.
3. The two applications decided by the impugned order are
applications filed by the respondent no. 1 (plaintiff in the suit) being
IA No. 19226/2013 under Order 7 Rule 14 read with Order 13 Rule 1
Code of Civil Procedure (hereinafter referred to as CPC) seeking to
place additional documents on record and IA No. 5416/2014 under
Order 14 Rule 5 seeking to strike out issue no. (v) and to vary the
direction treating issues (i) and (ii) as preliminary issues.

Source: Indian Kanoon

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