ANANDRAO BANDU JADHAV Vs. BIBIJAN

JUDGEMENT

(1.) Order dated 10th Aug., 1981 passed by the trial Court below applications Exts. 18 and 21 in Regular Civil Suit No. 264 of 1978 is challenged in this petition therefrom by the original defendants.

(2.) The plaintiff applied to the trial Court for an order to delete issue No. 4 under the provisions of O. 14, R. 5 of the Code of Civil Procedure. The learned trial Judge, after hearing the rival contentions in that behalf, directed deletion of the said issue. Hence, this petition.

(3.) Going through the impugned order and the reasons given by the learned trial Judge for deleting issue No. 4, I find that the said order does not suffer from any error of jurisdiction. It was within the jurisdiction of the learned trial Judge to frame an issue or to delete one framed. Order 14, Rule 5 (2) of the Code of Civil Procedure expressly permits the Court to strike out an issue wrongly framed. If, in this light, the learned trial Judge has granted the plaintiff's application in question and deleted issue No. 4, the order in that behalf is not liable to be set aside or reversed in this Court's limited jurisdiction under S. 115 of the Code of Civil Procedure.