ANJUMAN HAMI E MUSLIMI Vs. G.M. MAHENDRA

JUDGEMENT

(1.) THE Revision filed against the order of the 13th Additional City Civil Judge, Bangalore on I.A. in Original Suit No. 352 of 1985. The second Defendant in the suit made an application for framing of additional issues and proposed in the application five additional issues required to be framed. The Plaintiff opposed the application. After hearing both the parties, the trial Court dismissed the application. Being aggrieved, the Revision is filed.

(2.) IT is contended in the written statement of the second Defendant that the property in respect which the Plaintiff has filed suit for partition was dismissed in an earlier partition suit between the same parties at Mercara in O.S. No. 2 of 1983 and the said suit came to be decreed by compromise.

(3.) THE Counsel for the Respondent relied on the Ruling of this Court reported in ILR 2000 Kar 116 wherein it is held that the framing of issues or non -framing of issues is placed at the discretion of the trial Court and such exercise of discretion does not call for interference by this Court in revision. In view of the said decision, it is contended that the present revision would not be maintainable. Per contra, the counsel for the Petitioner relied on the ruling of this Court in G. Vasudeva Murthy Vs. Y. Narasimachar and Anr. wherein it is held as follows: