GOPAL S/O DEVILALJI GURJAR Vs. VIMLA DEVI

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution challenges the order dated 27.6.2015, whereby the applications of the petitioner/defendant filed under Order 14 Rule 5 of the Code of Civil Procedure (CPC) and section 126 of Evidence Act were rejected by the court below in Civil Suit No. 56A/2011.

(2.) The respondent/plaintiff filed a suit for specific performance. The petitioner/defendant filed his written statement. The court below framed issues on 16.2.2010 (Annexure P/3).

(3.) Shri Brajesh Garg, learned counsel for the petitioner contended that the petitioner filed an application under Order 14 Rule 5 CPC (Annexure P/4) on 16.6.2015. In this application, the petitioner prayed that issue No.3 was wrongly framed and, hence, that issue be modified. In addition, it is prayed that two issues proposed in this application be framed. Criticizing the rejection order, it is urged that a combined reading of averments of plaint and written statement would show that the issues proposed are required to be framed in the interest of justice.