RAJENDRA KUMAR Vs. PURSHOTTAM HOLANI AND ORS.

JUDGEMENT

(1.) HEARD learned counsel for the parties. This writ petition is directed against the order dt. 10.5.2013 passed by the trial Court, whereby the application filed by the petitioner under Order XW, Rule 5 CPC has been rejected.

(2.) THE application was filed seeking framing of additional issues based on the written statements filed by the petitioner whereby the relationship of landlord and tenant was denied and it was claimed that the suit based on such relationship was not maintainable and it was required of the plaintiffs to pay Court fee for suit for possession.

(3.) IT is submitted by learned counsel for the petitioner that specific objections were raised in the written statement regarding landlord -tenant relationship and that the valuation of the suit is improper, however, the trial Court failed to frame issues on the said aspects and therefore, when application under Order XIV, Rule 5 CPC was filed, the same was also wrongly rejected.