Madhya Pradesh High Court
Bagmal Jain Thr Manoj Kumar Jain vs Devendra Kumar Jain on 2 February, 2017
-( 1 )- W.P. No.8361/2016
HIGH COURT OF MADHYA PRADESH
BENCH AT GWALIOR
SINGLE BENCH:
(Vivek Agarwal, J.)
Writ Petition No.8361/2016
.....Petitioner : Baghmal Jain (Dead) Th. L.Rs.
Versus
.....Respondent : Devendra Kumar Jain
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Shri D.D.Bansal, learned counsel for the L.Rs. of the petitioner.
Shri Sanjeev Jain, learned counsel for the respondent.
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ORDER
(02/2/2017) Petitioner has filed this writ petition being aggrieved by order dated 12.8.2016 passed by the Court of 3rd Civil Judge, Class II, Mungawali, Distt. Ashoknagar, whereby an application under Order 14 Rule 5 CPC for framing of additional issues has been rejected.
2. During the course of arguments, learned counsel for the petitioner fairly admitted that issue No.3-A as proposed by him in his application under Order 14 Rule 5 CPC is covered in the issues which have already been framed by the trial Court. He has placed special emphasis on issue No.3-C which according to the petitioner is of vital importance and that is not covered by any of the issues framed by the trial Court. This issue reads as under :-
Þ¼x½ D;k oknxzLr nqdku oknh dks ikfjokfjd foHkktu esa izkIr gksus dh dksbZ vko';d fooj.k u nsus ls ,oa u dksbZ tkudkjh ¼lwpuk i=½ izfroknh dks nsus ls oknh dk okn izpyu ;ksX; ugha gSAß
3. After perusing the document filed by the petitioner as Annexure P/4, it is apparent that on 22.1.2016 learned trial Court has framed 11 issues and these 11 issues cover proposed issue No.3-A, but the fact remains that issue No.3-C hinges on the vital -( 2 )- W.P. No.8361/2016 rights of the petitioner/tenant and that should have been framed, specially when plaintiff's evidenced has yet not commenced.
4. In view of the aforesaid, this petition is partly allowed. It is directed that trial Court shall also frame an additional issue which is reproduced hereinabove and commence the trial.
With the aforesaid, this petition is disposed of.
(Vivek Agarwal) Judge ms/-