CHANDRESH JAIN Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) With the consent of parties matter is finally heard. Petitioner has preferred this petition under Article 227 of Constitution of India seeking the relief that the impugned order dated 02-05-2013 passed by learned Fourth Civil Judge Class-I, Guna whereby the application filed by the petitioner under Order XIV Rule 2 and 5 of CPC has been rejected, be quashed and the application filed by the petitioner under Order XIV Rule 2 and 5 of CPC be allowed.

(2.) Having regard to the arguments advanced by the parties, the averments made in the application filed under Order XIV Rule 2 and 5 of CPC Annexure P/5 dated 05-04-2013 has been perused.

(3.) By preferring the application under Order XIV Rule 2 and 5 of CPC, it was prayed by the petitioner/defendant that the additional issues be framed in view of the averments made in the written statement by the petitioner/defendant. This prayer of petitioner's counsel has been opposed by learned counsel for the respondent on the ground that all the objections made in the written statement have been covered in the issues already framed by learned trial Court on 23-09-2011 so there is no need to frame any additional issue.