LALI AND ANR Vs. SHYAM LAL

JUDGEMENT

(1.) The petitioners are aggrieved by the order dated 10.10.2009 vide which the learned trial Court framed two additional issues at the fag end of the trial.

(2.) The respondent filed a suit for declaration and permanent injunction on 24.8.2001. The petitioners, who are defendants, filed their written statement and also filed a counter claim thereto. The respondent, who is the plaintiff, did not file any reply to the counter claim and also did not object to the pleadings made therein. The trial proceeded and after the conclusion of evidence when the matter was fixed for arguments, the respondent moved an application for framing of two additional issues which are reproduced as under:

(3.) The learned trial court accepted the prayer.