JUDGEMENT
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(1.)THIS is an application under Order XVIII
Rule 3 and 3 A of the Code of Civil Procedure,
1908 (CPC) filed by the Plaintiff for permission to the Plaintiff to file his affidavit by way of an
examination -in -chief and to be cross -
examined.
(2.)THE background to this application is that the aforementioned suit has been filed by
the Plaintiff for mandatory and permanent
injunction restraining the Defendants from
interfering in the Plaintiffs administration of
the business of M/s Shalimar Fruit Products
at B -50, Lawrence Road Industrial Area, Delhi.
Inter alia, the following issues were framed on the basis of the pleadings of the parties
on 10th Jury 2007:
"1.Whether the alleged codicil dated 5.5.1986 was executed by late Shri Krishan Lal Khullar? OPP 2. If issue No.1 is answered in favour of the plaintiff, in what manner are the rights of the parties under the. Will dated 4.5.1986 affected by it? OPP 3Whether the plaintiff is entitled to run and administer the business of M/s. Shalimar Fruit Products in terms of the Will and alleged codicil? OPP 4. Whether the rights conferred on defendant No.1 under the Will dated 4.5.1986 give absolute rights to defendant No.1 under Section 14(1) of the Hindu Succession Act? OPD -1 5. Relief.
(3.)THE Court directed the parties to file their respective list of witnesses and additional
documents within fifteen days. Further, the
Plaintiff was directed to file the affidavits of
examinatjon -in -chief of his witnesses within
six weeks. The evidence was directed to be
recorded by the Joint Registrar (JR).
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