NARENDER KUMAR ARON Vs. SHANTA KUMARI AMRIT

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 227 of the Constitution of India praying for setting aside the order dated 08.02.2012 passed by the learned Addl. Rent Controller (West), Delhi in Suit No.992/2006 whereby the application under Order 14 Rule 5 read with Section 151 CPC filed by the respondent/plaintiff was allowed and additional issues were framed.

(2.) The petitioner before this Court was impleaded as defendant No.2 in civil suit No.297/2000 (old), 992/2006 (new). The suit was initially filed by Smt.Shanta Kumari Amrit, w/o Shri Ishwar Dass Amrit and Shri Ishwar Dass Amrit, son of Shri Bhag Mal Amrit, impleading Shri Hari Saran Aron, son of late Shri Ishwar Saran Aron as defendant No.1 and the present petitioner Shri Narender Kumar Aron son of late Shri Raghubir Saran Aron as defendant No.2. It is informed by learned counsel for the petitioner that defendant No.1 has been proceeded ex parte in the above-noted suit.

(3.) I have considered the submissions made by learned counsel for the petitioner. The question of framing issue arises when any material proposition of fact or law affirmed by one party has been denied by the other party. It is the duty of the Trial Court to settle all necessary issues whether of fact or of law which are arising out of the pleadings of the parties. The purpose behind this is to determine the material points in controversy and that they are decided so as to give finality to the litigation.