MAHESH KUMAR MONGA Vs. RISHI RAJ

JUDGEMENT

(1.) This is an application under Order XIV Rules 2 and 5 CPC by defendant No. 5 for framing of additional issues. The case of the defendant is that when issues were framed on 4th September, 1995 the Counsel for defendant No. 5 was not present and the pleas taken by the defendant No. 1 were only considered. The pleas and objections taken by the applicant/defendant No. 5 were not considered,while framing of issues.

(2.) The plaintiff and defendant No. 1 were served with the notice of IA. No reply was filed. Counsels desired instead to argue the matter.

(3.) Learned Counsel for the defendant/applicant defendant No. 5 contends that apart from the issues already framed the following four additional issues be framed:-