GITA SARAN SINGH Vs. SABITA OBEROI AND ANR

JUDGEMENT

(1.) This appeal has been filed by the appellant/plaintiff being aggrieved by the order dated 08.02.2016, whereby the learned Single Judge has refused to frame an issue with regard to an alleged agreement having been arrived at between the parties on 07.09.2002. In the impugned order it is recorded as under: -

(2.) We are of the view that this observation of the learned Single Judge is not borne out by the record. Paragraph 5 of the plaint, as originally filed, reads as under: -

(3.) In the written statement filed by the defendant No.1 (respondent No.1 herein), the said paragraph 5 of the plaint has been dealt with as under: -