JASPAL SINGH KOHLI Vs. PRABHDEEP SINGH

JUDGEMENT

(1.) C M No.23659-CII of 2013

(2.) The revision is against the order of the court below and the learned senior counsel appearing on behalf of the defendant points out that the suit is brought by the plaintiff for injunction with reference to Plot No.70 on a contention that by virtue of a sale deed dated 07.06.2004, the plaintiff had purchased the said plot from the Sher-E-Punjab Cooperative House Building Society through its office bearer-4th defendant, who was duly authorized by resolution to effect the sale. The contention is that the defendants 1 to 3 are the members of the same society and the society had been formed for the benefit of riot victims of 1984 by securing the property in the name of the society and giving allotments in favour of its members.

(3.) The framing of issues in suits are invariably a procedural approach to direct the focus of parties of what are contentious between them. It will be wrong to assume that the issues are to be framed only by looking at the plaint and be completely blindfolded to what the defendants contend. An adjudication is not merely an assessment to what the plaintiff says, but it is an appraisal to what is brought for a consideration by a defence taken to the plaintiff's contention.