JAI KAREN Vs. GAJENDER YADAV

JUDGEMENT

(1.) . This civil revision is directed against the order of the learned Additional District Judge dated 30-1-2002 by which the learned trial court has dismissed an application under Order 14 Rule 5 CPC filed on behalf of the petitioner-defendant seeking reframing/modiflcation of existing issue No.4 and for framing 3 additional issues.

(2.) . Learned counsel for the petitioner seeks to challenge the impugned order mainly on the ground that defendant-petitioners have raised certain specific objections and pleas in their written statement about the maintainability of the suit; plaintiff having got no cause of action for filing the suit and also about the agreement to sell land in question which is the basis of the suit being void and the subject matter of the suit agreement was covered by the provisions of Delhi Land Reforms Act 1954 and the consideration provided for in the agreement is grossly inadequate and illusory and agreement. The court existing issues framed do not take into account the said specific pleas of the petitioner-defendant.

(3.) . On a consideration of the matter it is noted that the present suit filed by the plaintiff-respondent is for specific performance of agreement to sell and damages and on the basis of the pleadings of the parties, the trial court framed the following issues: