NAND KISHORE PRAJAPATI Vs. PRATIVA DEVI AND ORS.

JUDGEMENT

(1.) Seeking quashing of order dated 7.5.2013 in Eviction Suit No. 2 of 2012 whereby the application under Order XIV, Rule 5 CPC for framing additional issues has been rejected, the present application has been filed. It is stated that the plaintiff/owner instituted the suit being Eviction Suit No. 2 of 2012 for a decree of ejectment of the defendant/present petitioner from the suit premises on the ground of personal necessity, default for payment of rent besides, arrears of rent amounting to Rs. 3800/-. The defendant was inducted in the suit premises for a fixed period of 11 months from 1.11.1997 to 30.9.1998 and thereafter, a fresh lease was executed for further 11 months and thereafter, the defendants became a month to month tenant. The case pleaded by the plaintiff for personal necessity is establishment of Seva Sadan Clinic for his son who is a medical practitioner. The defendant appeared and filed written statement and after framing of issues he filed an application dated 10.4.2013 for framing the following additional issues:--

(2.) The learned counsel appearing for the petitioner submits that since, the plaintiff pleaded that the suit premises is required for establishing Seva Sadan Clinic, the additional issues sought to be framed by the defendant were essential for adjudicating the Eviction Suit filed by the plaintiff.

(3.) I have carefully considered the submissions of the learned counsel appearing for the parties and perused the documents on record.