JAIPUR HARDWARE AND MACHINERY STORES Vs. KESARLAL CHANDALAL

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner (plaintiff) against the order dated 16. 10. 99 passed by the Additional Civil Judge (JD), Jaipur City (West) in Civil Suit No. 696/93, whereby application of the respondent No. 2 (defendant) under Order 14 Rule 5 CPC for framing five additional issues was allowed.

(2.) IN aforesaid application, request was made by defendant No. 2 to the trial court for framing additional issues as the same were required to be settled on the basis of rival pleadings. The plaintiff in reply to the aforesaid application had taken stand that original suit was instituted for perpetual injunction against the defendant No. 1. The defendant No. 2 was subsequently impleaded as duty upon his application, and after written statement having been filed by the defendant No. 2, the trial court framed amended issue as to whether the the plaintiff was entitled to grant of an injunction for restraining the defendants from:- (1) ejecting plaintiff from the suit premises and (b) obstructing the plaintiff from using suit premises, without due process of law?