USHA SAXENA Vs. SUNDAR SINGH BHADOURIYA AND ORS

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution is directed against the order dated 15.03.2013 (Annexure P/1) passed in Civil Suit No. 9A/2013 whereby, the application preferred by the petitioner/ plaintiff under Order 14 Rule 5 C.P.C was rejected by the Court below.

(2.) Shri S.S. Kushwah, learned counsel for the petitioner submits that in a suit for declaration and permanent injunction filed by the petitioner, issues were framed by the Court below. It is contended that issues No. 3 & 4 so framed by the Court were unnecessary and were required to be deleted. The Court below has erred in not deleting the same. By relying on the substantive provision of Order 14 Rule 5 C.P.C. Shri Kushwaha submits that language of the provision is very clear which shows that such application can be preferred at any time and court is equipped with the power to decide the question of deletion of unnecessary issue.

(3.) Per Contra, Shri S.K. Jain , learned counsel for the respondents submits that issues were framed by the Court below on 26.07.2010 and after more than two years the petitioner preferred Annexure P/5 on 15.03.2013. Thus, Court below has not erred in rejecting the said application.