UMA DEVI MEHRA Vs. ALLAHABAD BANK

JUDGEMENT

(1.) This is an application directed against an order dated 1.8.1988 passed by the Mid Additional District Judge, Indore rejecting an application under order 14 Rule 5 of the Civil Procedure Code.

(2.) Shri. Maheshwari, learned Counsel for the applicant submits that the proposed issue was not covered by the issues already framed and the trial Court has misdiverted itself into believing that the issues was covered by the other issues. According to Shri. Maheshwari issues No. 8-A and 8-B do not cover the controversy as to the execution of the documents.

(3.) It is readily strange that against rejection of an application for framing additional issues moved by the plaintiff, the defendant should-come up in revision and get the trial of the suit held by from from 1988 till date. An application was moved by the plaintiff bank on 28.6.1988 proposing two additional issues. This application was.dismissed, by the trial court holding that the controversy tried to be raised through these issues was already covered by issue No. 8-A and issue No. 8-B. The plaintiff Bank whose application was dismissed did not choose to challenge the order. However, the defendant challenged the order on the ground that when the defendant had agreed that the additional issues be framed the court should have framed the issues. It is also contended by Shri. Maheshweri that the question of laying the burden of proof on the proper party also deserved to be considered and when the application was moved, which was not opposed, the Court should have allowed the application.