SATISH CHANDRA AGARWAL Vs. ASHOK JAISWAL

JUDGEMENT

(1.) In view of the order being passed herein above, there is no need to issue notice to the respondent in the present petition.

(2.) The prayer for framing issues for determination has been rejected by the Court below on the ground that it is not mandatory for the S.C.C. Court in a summary suit to frame issues as the provisions of Order 14 C.P.C. relating to settlement of issues are not applicable to the proceedings before the Small Causes Court. Order 20, Rule 4 C.P.C. shows that the judgment of the Court of Small Causes need not contain more than the points for determination and the decision thereon. Issues are not to be framed as required in a regular suit.

(3.) While arriving at this conclusion, reliance is placed upon the judgment of this Court in Yasin and another Vs. Murari Lal reported in 2013 (2) ARC 376 , wherein previous judgment in Dau Dayal Tandon Vs. Additional District Judge, Nainital and others 1982 (1) ARC 356 has been relied upon.