SANJAY KUMAR JAIN Vs. NEERU JAIN

JUDGEMENT

(1.) CM No.27057 & 27059 of 2015

(2.) I have heard Mr.Sharvan Dev, Advocate for the petitioner and also carefully gone through the record.

(3.) Mr.Sharvan Dev, Advocate for the petitioner has submitted that on 02.07.2015 issues have been framed by the learned Trial Court in the absence of counsel for the petitioner/defendant. The application under Order XIV Rule 5 CPC has been moved without any delay and the proposed issues arise out of the pleadings of the parties, go to the root of the matter. Hence, it is necessary that the impugned order may be set aside with direction to the learned Trial Court to frame the additional issues as proposed by the petitioner/defendant. Learned counsel for the petitioner has relied upon Smt.Indira Madani & Ors. vs. Hola Ram (deceased) by LRs & Ors., 2003 AIR(Del) 49, Ram Narain & Anr. vs. Ram Kumar & Anr., 1991 44 DLT 28 and N.K.Bhatia vs. J.P.Singh, 1991 RLR 128 in support of his contentions.