RAM KUMAR SHARMA Vs. BAL KISHAN SHARMA

JUDGEMENT

(1.) IN this petition filed under Article 227 of the Constitution, the petitioner/plaintiff has assailed the order dated 21.4.2010 whereby the application of respondent/defendant preferred under Order 14 Rule 5 CPC (Annexure P -5) is allowed by the Court below.

(2.) RESULTANTLY , another issue is framed by the Court below. Criticizing this order, Shri H.K.Shukla, learned counsel for the petitioner advanced two fold contentions. Firstly, it is contended that the said issue was not based on the rival pleadings of the parties and, therefore, the Court below has erred in framing the said issue. Secondly, it is contended that the matter before the trial Court was at the stage of final hearing and on that stage the issue should not have been added.

(3.) PRAYER is opposed by Shri B.B.Shukla, Advocate for the respondents.