BHARAT BHUSHAN Vs. SAT PAL & ORS.

JUDGEMENT

(1.) Petitioner has invoked writ jurisdiction of this Court for quashing order dated 04.04.2012 passed by 2nd Additional District Judge, Jammu in a case titled Amit Kapoor v. Bharat Bhushan and another (hereinafter for short as impugned order) by virtue of which application filed by the petitioner for framing of additional issues in the suit has been dismissed on the grounds taken in the memo of petition.

(2.) It appears that respondent No.2 (Amit Kapoor) has filed a suit against the petitioner for ejectment of the shop constructed at Plot No.77, Janipur Housing Colony, Jammu and for the recovery of rent to the tune of Rs.1200/- and Rs.2,20,000 from defendant No.2 (Sat Pal) for use and occupation of the portion of the shop, which is subjudice before the Court of 2nd Additional District Judge, Jammu. Vide order dated 17.09.2011, trial Court framed eight issues and petitioner in his written statement has taken specific pleas that suit is not maintainable for non-joinder of necessary and proper parties and plaintiff has neither sworn duly attested affidavit in support of plaint nor the duplicate copy of the plaint supported with an affidavit as required under law and applicant has neither attorned the plaintiff as his landlord or owner nor even has paid him rent of the suit shop. During pendency of the suit, petitioner filed application for framing of additional issues and respondent No.2 filed objections to the said application. Learned trial Court after hearing the parties dismissed the application for framing of additional issues vide order dated 04.04.2012 by holding that there exists no grounds for framing of the additional issues. It is this order, which is called in question in the present petition.

(3.) Precisely, the case of the petitioner is that impugned order has been passed in hot haste; without application of mind and without taking into consideration the grounds taken by the petitioner-defendant No.1 in the application.