ABHINANDAN Vs. POONAM

JUDGEMENT

(1.) THE petitioner filed a suit for specific performance. Issues were framed. Thereafter the plaintiff filed an application under Order 14 Rule 5 of CPC, seeking to caste additional issues. By the impugned order, one additional issue was framed. Aggrieved by the non framing of additional issues as prayed, the plaintiff has filed the present petition. Smt. Hemalekha K.S., learned counsel for the petitioner contends that the impugned order is bad in law and liable to be set aside.

(2.) WHAT is sought for is, the additional issues to be framed based on the written statement of the defendant, viz., as follows:

(3.) MOREOVER it is a plea of the defendant. It is this issue that the plaintiff seeks to frame additional issues in the suit. When such an issue is already covered by the issues already framed by the trial Court earlier, the question of re -framing the additional issues would only amount to duplication of the issues. Consequently, I do not find any legal right of the petitioner infringed by the impugned order. Consequently, the petition being devoid of merit is dismissed.