LOVELEEN KAUR Vs. NARINDER KAUR

JUDGEMENT

(1.) THE challenge by means of this petition under Article 227 of the Constitution of India is to the impugned order of the trial court dated 10.7.2013 by which the trial court has refused to delete issue nos.5,6,7 and 10. These issue nos.5,6,7 and 10 read as under: -

(2.) THE aforesaid issues have been framed in the suit filed by the petitioner/plaintiff for possession and damages with respect to the suit property bearing no.B -282, Hari Nagar, Clock Tower, New Delhi. The reliefs which are prayed for in the suit read as under: -

(3.) LEARNED counsel for the petitioner/plaintiff at the outset prays that since substance of the application has to be seen and the heading of the application is not material, since the sum and substance of the application filed by the petitioner/plaintiff is that on deletion of issue nos.5,6,7 and 10, the suit will have to be decreed for possession under Order XII of Code of Civil Procedure, 1908 (CPC), the subject application be treated as an application under Order XII Rule 6 CPC read with Order XIV Rule 5 CPC. Since the heading of the application is not material, but the substance has to be seen, I accept the prayer of the petitioner/plaintiff and treat the application which has been disposed of by the trial court in terms of the impugned order as an application filed under Order XIV Rule 5 also as one under Order XII Rule 6 CPC.