KISAN UDYOG Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) This revision has been preferred against the order dated 11-3-1987 by which the application filed on behalf of the defendants to frame certain other issues had been rejected by the learned V Addl. Civil Judge, Ghaziabad.

(2.) Heard counsel for the parties.

(3.) Learned counsel for the applicant, Sri S.S. Tyagi, has very strenuously urged that the application seeking framing of five issues has been illegally rejected in spite of the fact that such pleadings on which those issues arise were categorically pleaded. However impressive the submission may be it is difficult to agree. no doubt, issues are framed on the basis of the pleadings as it facilitates the parties to adduce evidence in the light of the pleadings and on the basis of the issues struck. Presumably the application did not find favour with the trial Court on account of its having been found at the stage of final hearing. It is always expedient that the trial Court frame issues on the basis of the categorical pleadings but if a discretion has been exercised in not framing certain issues then there is noscope for interference.