RAMSWAROOP GUPTA Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) The short controversy involved in this petition under Article 227 of the Constitution of India questioning legality and sustainability of the order dated 10/1/2012 in case No.24A/2011 passed by Second Civil Judge, Class -I, Guna, relates to rejection of plaintiff's application filed under Order XIV Rule 5 CPC where -under prayer was made for deleting issue No.4.

(2.) TRIAL Court has rejected the application on the premise that the aforesaid issue has been framed on the basis of the pleadings of the parties and, therefore, no illegality is found on the said issue, hence, the application under Section XIV Rule 5 CPC was totally misconceived and rejected the same.

(3.) IT is submitted that in the light of the aforesaid averments, the trial court could not have framed the issue related to the suit shop as pleaded in the plaint because civil suit No.88A/1992 was not filed in relation to the suit shop and the same was filed in relation to the premises on the upper floor of the disputed shop as pleaded in the written statement, therefore, the trial court has committed jurisdictional error while framing the aforesaid issue.