PEAREY LAL Vs. CHIRANJI LAL RAMJI DAS

JUDGEMENT

(1.) The present revision petition is directed against the order dated 9.3.1999 passed by the Civil Judge, Delhi in Suit No. 128/1993 dismissing the application filed by the petitioner/defendant under Order 14, Rule 5 praying for amendment of the issues framed in the suit and for placing the burden of proof correctly on the concerned parties. The respondent herein as plaintiff filed a suit seeking for a decree for mandatory injunction directing the petitioner/ defendant to remove himself and his family members and belongings from the premises namely first floor of 5579, Naya Bazzar, Delhi and for handing over the possession of the aforesaid premises to the present respondent. The petitioner herein filed the written statement and on the basis of the pleadings of the parties issues were framed in the suit in the year 1996. Immediately thereafter an application was filed by the petitioner under Order 14, Rule 5 seeking for amendment of the issues and for placing the burden of proof correctly upon the concerned parties. Upon rejection of the said application the present petition is preferred.

(2.) I have heard the learned Counsel appearing for the petitioner as also the Counsel appearing for the respondent. I have also perused the relevant records and given my thoughtful consideration to the contentions of the Counsel appearing for the parties.

(3.) It is contended by the petitioner that the issues No. 1 & 2 have not been correctly framed and onus to prove the said issues has also been incorrectly placed on the defendant.