: 1 : nms-1394-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1394 OF 2010 IN SUIT NO.2620 OF 1984 Shyamsunder M. Malpani & Anr. .. Plaintiffs v/s. Satyanarayan M. Malpani & Anr. .. Defendants ......... Mr. Sushil Purohit for the plaintiffs Ms. Sheetal Shah i/by Mehta and Girdharlal for defendant no.1. ......... CORAM : R.Y.GANOO, J. DATE : 1st SEPTEMBER,2010. P.C. : 1. Heard learned Counsel on both sides. Perused issue nos. 5 and 6. Those issues pertain to registration of the document which according to defendants was a joint venture agreement and not a deed of partnership. In my view, there is no need to treat issue nos. 5 and 6 as preliminary issues. Those issues can be answered at the time of final hearing of the suit, particularly when the Court is informed that plaintiffs have led evidence and have closed their case and defendant no.1 wishes to cross-examine only one witness as of today. In my view, it would be proper to decide the entire suit on merits rather than : 2 : nms-1394-10=.sxw deciding the issues in installment. Hence, without expressing any views on the points raised in the motion, motion stands disposed of with no order as to costs. 2. Defendant no.1 wants to lead evidence. Defendant no.1 to file evidence affidavit and compilation of documents directly in the Court on 23rd September, 2010, serve copy of the same upon advocate for the plaintiffs one week in advance. Adjourned to 23rd September, 2010 for recording of evidence. High on board. To be shown in the column of recording of evidence. (R.Y.GANOO, J.)