VENKATESH SHINDE Vs. P RAMESHCHAND BHANDARI

JUDGEMENT

(1.) The petitioner is the defendant in O.S.No.332 of 2002 on the file of the Court of XIV Additional Chief Judge, City Civil Court, Hyderabad. The respondents herein filed the suit for recovery of a sum of Rs.20,00,000/- based on a promissory note. The petitioner filed a written statement and opposed the suit, inter alia, on the ground that the suit is not maintainable. While the suit is pending, the petitioner filed I.A.No.763 of 2004 under Order XIV Rule 5 of the Code of Civil Procedure, 1908, to frame additional issues as under.

(2.) By the impugned order, dt. 10-9-2004, the trial Court rejected the application on the ground that the petitioner in his written statement did not make such plea.

(3.) The learned Counsel for the petitioner, G. Kalyan Chakravarthi, placed strong reliance on Section 9 of the Andhra Pradesh (Telangana Area) Money Lenders Act, 1349 F. (for short 'the Act'), and submits that whether or not the pleadings are present, the Court is bound to frame an issue as to whether the plaintiff has complied with the provisions of Section 3(1), (5)(a) and (b), Section 5(1) and Section 6(1) and (2) of the Act. He also placed reliance on the decision of this Court in Sunkara Srilakshmi v. Sudireddy Sarojini Devi.