DHAKSHINAMOORTHY Vs. R.M. NESAM

JUDGEMENT

(1.) The petitioner herein is the second defendant in the suit in O.S.518 of 1995 on the file of District Munsif, Jayankondam. The petitioner herein filed I.A.No. 397 of 2000 for framing of additional issues which was dismissed by the Court below.

(2.) The suit is one for specific performance and the additional issue sought to be entrusted is with respect to a suit for injunction pending between the parties. Even in that injunction suit, similar issue was raised and that was rejected by the trial Court. Against which C.R.P.No. 4107 of 2001 filed was also dismissed.

(3.) In a suit for specific performance of contract, the issue relating to injunction need not be framed and, therefore, the lower Court has rightly rejected the claim of the petitioner herein. Hence, this Court finds no illegality in the order of the Court below.