S L GUPTA Vs. RAMESH KUMAR

JUDGEMENT

(1.) This revision is directed against an order dated 22.10.84 dismissing an application under 0. 14 R. 5, Civil Procedure Code moved by the plaintiff for framing several additional issues.

(2.) Relevant facts : The wife of the petitioner had let out a portion on the first floor to the defendent respondent No. 1. An eviction petition was filed on the ground of subletting. It was decreed ex-parte. Thereafter dispute arose relating to enjoyment of the common passage on the ground floor, on the first floor and about the user of the terrace on the second floor. The learned Sub Judge Shri D.S. Bawa framed only two following issues : (i) Whether the plaintiff is entitled to the injunction prayed for ? (ii) Relief.

(3.) Feeling that other issues were necessary, an application was made for framing 11 additional issues....