MUKESH KUMAR GOEL Vs. HIMGIRI STEEL INDUSTRIES

JUDGEMENT

(1.) THE plaintiff is in revision aggrieved against the order passed by the learned trial Court on 20.11.2003, whereby his application for re-framing of the issues was declined.

(2.) THE plaintiff has filed a suit under Order 37 of the Code of Civil Procedure for recovery of Rs. 5,35,000/- i.e. Rs. 5 lacs as principal amount advanced as loan and Rs. 35,000/- as interest, on the basis or two cheques issues by the plaintiff to the defendants.

(3.) LEARNED counsel for the petitioner has vehemently argued that once the receipt of Rs. 5 lacs is admitted by the defendants, then the issues framed are not proper and in fact the issue required to be framed is whether the defendant has taken the amount of Rs. 5 lacs as security, the onus of which is required to be placed on the defendants. However, the learned trial Court has framed incorrect issues, which is causing serious prejudice to the rights of the plaintiff and delay the decision of the suit.