Amit Kumar Jaiswal And Ors Vs Maharaja Builders And Developers

Chhattisgarh High Court 27 Sep 2018 Writ Petition (227) No. 833 Of 2018 (2018) 09 CHH CK 0433
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Writ Petition (227) No. 833 Of 2018

Hon'ble Bench

Sanjay K. Agrawal, J

Advocates

Sourabh Sharma

Final Decision

Disposed Of

Acts Referred
  • Code Of Civil Procedure 1908 - Order 14 Rule 5

Judgement Text

Translate:

Sanjay K. Agrawal, J

1. By the impugned order dated 04.08.2018 (Annexure - P/1), the petitioner / plaintiffs' application for framing additional issues under Order 14 Rule 5

of CPC has been rejected by the trial Court against which this writ petition has been preferred.

2. Learned counsel for the petitioner submits that the additional issues framed are necessary for just and proper disposal of the suit and ought to have

been considered by the trial Court.

3. I have heard learned counsel for the petitioner and perused the impugned order.

4. The trial Court has clearly held that the issues already framed would cover the additional issue proposed to be framed. Since the trial Court has

already held that the issues framed would cover the proposed issue to be framed therefore, the plaintiff will be allowed to lead evidence with regard to

the fact that the payment was not paid as per the sale deed.

5. With the aforesaid clarification, the writ petition is disposed of. No order as to cost(s).

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