Lt. General M. L. Dar (Retd. ) v. Sri Vikram Singh
2016-01-19
ADITYA NATH MITTAL
body2016
DigiLaw.ai
JUDGMENT Aditya Nath Mittal,J. The plaintiff No.2, who is appearing in person, has filed this application to frame the following additional issue: - "Whether the meeting of the Governing Body of Himalayan Institute Hospital Trust on 06.11.1996 and the Society meeting on 06.11.1996, were valid meetings, as alleged by the defendants in para No.10 and 32 (under the heading Regarding Relief), in their written statement?" 2. Heard both the parties at length. 3. The Plaintiff No.2-Mohit Kumar, who is appearing in person, has submitted that the meeting dated 06.11.1996 was illegal and it is the burden upon the defendants to prove that meeting dated 06.11.1996 was a valid meeting, therefore, the issue has to be framed regarding that. 4. It has also been submitted that against the orders dated 09.09.2015 and 10.12.2015 passed by this Court, the S.L.P. has been filed before Hon'ble the Supreme Court. Therefore, the said additional issue be framed for the ends of justice. 5. Learned counsel appearing for the defendants has raised serious objection to the application on the ground that the plaintiff No.2 is unnecessarily delaying the process of the Court and the application is malafide. It has also been submitted that as per the print out regarding the said S.L.P., it appears that the petition and the application do not bear the signature of the counsel, in person and complete listing proforma has not been signed and included in the Paper-Book, which goes to show that the plaintiff No.2 is deliberately delaying the disposal of this case. 6. Regarding the defect in S.L.P., Sri Mohit Kumar-plaintiff No.2, who is appearing in person, has submitted that he has already instructed his Advocate on record in the Hon'ble Supreme Court. 7. From perusal of the record, it appears that the written statement of defendant Nos.1, 3 and 4 was filed on 30.12.1998 and the defendant No.2 had filed his written statement on 06.04.2001. Initially, the issues were framed on 01.08.2001 and subsequently additional issue was framed on 27.05.2009. On 09.09.2015, some issues were re-framed. This original suit is pending since 1997. On 01.08.2001 or 27.05.2009 or 09.09.2015 the aforesaid issue, which is now being raised through this application, was not pressed. The written statement had already been filed in the year 1998 and 2001. Therefore, there was ample opportunity to plaintiff No.2 to raise the aforesaid issue on the aforesaid dates. 8.
This original suit is pending since 1997. On 01.08.2001 or 27.05.2009 or 09.09.2015 the aforesaid issue, which is now being raised through this application, was not pressed. The written statement had already been filed in the year 1998 and 2001. Therefore, there was ample opportunity to plaintiff No.2 to raise the aforesaid issue on the aforesaid dates. 8. I find substance in the submission of learned counsel for the defendants that the plaintiff No.2 is willfully delaying the disposal of this case, which has been expedited by Hon'ble Apex Court. 9. As far as the relevance of proposed issue is concerned, proper issues have already been framed and no such issue can be framed that whether meeting was valid meeting or invalid meeting. It has to be seen from the evidence of the parties that whether the persons who convened the meeting were having any authority to convene such meeting or not and in my opinion a separate issue on this point is not required. The application is totally misconceived. 10. Today's date is fixed for additional evidence of plaintiff, but the plaintiff is not ready with his evidence today. The aforesaid application is totally misconceived and total misuse and abuse of process of the Court. Therefore, the application is rejected with a cost of Rs.5000/- to be deposited within ten days from today in the Library fund of Oudh Bar Association, failing which, it shall be recoverable as arrears of land revenue. 11. As the plaintiff is not ready with his evidence today, therefore, in the interest of justice and with the consent of both the parties, last opportunity is granted to him to adduce his total evidence on 15.02.2016. List the case on 15.02.2016, at 2: 00 p.m.