SUBHASH JAIN Vs. SHAILENDRA KUMAR MALAIYA

JUDGEMENT

(1.) Shri Pranay Gupta, counsel for petitioner.

(2.) Petitioner has filed this petition challenging the order dated 1-11-2003 passed by First Civil Judge Class-I, Sagar in Civil Suit No. 33/A/2000, by which petitioner's application under Order 14, Rule 2 of CPC, has been rejected.

(3.) Learned counsel for petitioner submits that the issues Nos. 9, 10, 11 are the legal issues, which may be decided even without recording the evidence. The trial Court ought to have decided these issues on the application of petitioner. In continuation to the aforesaid argument, learned counsel for petitioner submits that, without affording opportunity to the petitioner, the trial Court has decided issue No. 10, which ought to have been decided after recording evidence. Contending aforesaid learned counsel for petitioner submits that the impugned order may be quashed.