FRIENDS PRINTERS AND STATIONERS Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioners have beseeched to quash and set-aside the order dated 6th September, 2008, whereby the learned Additional District Judge No. 9, Jaipur City, Jaipur dismissed the application of the petitioners-defendants filed under Order 14 Rule 5 CPC, wherein they proposed the issue to be settled.

(2.) ADUMBRATED in brief, the facts of the case are that the respondent-plaintiff no. 2 filed a suit for recovery of money on execution of the alleged document against the petitioners-defendants and defendants no. 3 and 4 in the Court of Additional District Judge No. 9, Jaipur City, Jaipur. Pursuant to the service of summons, the petitioners-defendants and respondents no. 3 and 4 appeared in the Court and filed the written statement of defence. The Court settled the issues based on pleadings of both the parties. During the pendency of the suit, the petitioners-defendants filed an application under Order 14 Rule 5 CPC imploring that the proposed issue may also be settled as the receipt is the basis of the payment of money. The plaintiff-respondent is said to have lent the money to the petitioners-defendants pursuant to the receipt dated 24th July, 2004, whereas the petitioners-defendants neither raised any loan from the plaintiff-respondent nor executed any receipt in his favour. On the basis of this denial, the petitioners-defendants proposed an issue and filed the application imploring the same proposed issue to have been added for the just decision of the suit.