1 CWP No.4910/2008 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.4910 of 2008. M/s. Regent Electronics and Others V E R S U S M/s. Punsumi Engineers Limited Company & Others Date of Order :::: 12/08/2010 Hon'ble Mr.Justice Dalip Singh Shri Anil Yadav, on behalf of Shri Ashvin Garg, Counsel for the Petitioners Shri M.M. Ranjan, Counsel for the Respondents *** Per Court : Heard learned counsel for the parties. On the request of the learned counsel for the parties the matter has been taken up for deciding the same finally. The present writ petition has been preferred challenging the order Annexure-2 dated 23.04.2008 by which the application submitted by the defendant- petitioners purporting to be under Order 14 Rule 2 and Rule 5 C.P.C. has been rejected by the learned trial Court. The defendants took an objection with regard to the right of the plaintiffs to file the suit in the light of the pleadings in the said application. The learned trial Court has rejected the said application by observing that the issue with regard to the right of the plaintiffs to file the suit is a legal issue and can be decided even without framing formal issue. 2 CWP No.4910/2008 During the course of hearing, the learned counsel for the plaintiff-respondents submitted that so far as first objection of the defendants is concerned, this Court may frame the issue with regard to the same and permit both the parties to lead evidence on the aforesaid issue. Accordingly following issue based upon the objection of the defendants in the application is framed. “Whether or not the suit is maintainable in the light of the objection taken by the defendants in Para 3 of the application dated 23.04.2008 filed under Order 14 Rule 2 and 5 C.P.C. Learned counsel for the parties submit that they may be permitted to lead evidence on the aforesaid Issue for and against the aforesaid issue. The learned trial Court is directed to permit the parties to lead the evidence, both oral as well as documentary on the aforesaid issue. So far as the second objection of the learned counsel for the defendants is concerned, the learned counsel are in agreement that the said question of alternative relief can be decided under the Issue of relief. The learned trial Court is directed, in the facts and circumstances of the case that since the matter was ripe for final hearing to decide the case preferably within a period of three months from the 3 CWP No.4910/2008 date of receiving certified copy of this order after permitting the parties to lead evidence on the additional issue. In view of above, the writ petition is partly allowed, the stay application and the application submitted by the respondents stand disposed of. (Dalip Singh),J. Ashok/