Kisan Udyog and Another vs United Bank of India and Others

A.N. Dikshita, J.—This revision has been preferred against the order dated 11-3-1987 by which the application filed on behalf of the Defendants to frame certain other issues had been rejected by the learned V Addl. Civil Judge, Ghaziabad.

Heard counsel for the parties.

Learned Counsel for the applicant, Sri S.S. Tyagi, has very strenuously urged that the application seeking framing of five issues has been illegally rejected inspite of the fact that such pleadings on which those issues arise were categorically pleaded. Howsoever impressive the submission may be it is difficult to agree. No doubt, issues are framed on the basis of the pleadings as it facilitates the parties to adduce evidence in the light of the pleadings and on the basis of the issues struck. Presumably the application did not find favour with the Trial Court on account of its having been found at the stage of final hearing. It is always expedient that the trial court frame issues on the basis of the categorical pleadings but if a discretion has been exercised in not framing certain issues then there is no scope for interference.

In the instant case the Plaintiff has filed a suit for the recovery of Rs. 52479/- together with interest at the rate of 13% per annum. This amount has been claimed in view of the alleged advance having been made. It is alleged on behalf of the Plaintiff that the Defendants executed an agreement. In any case it is for the Plaintiff to satisfy the court that the amount is due and is recoverable from the defendants. No doubt, the Defendants may resist the claim in the Court. However, if by such a refusal to frame issues a serious prejudice is being caused to the Plaintiff or the Defendants then it is always expedient for the trial court to exercise its jurisdiction in framing such issues to facilitate the parties to adduce evidence in the light of pleadings on the basis of which issues were framed. In the instant case I do not find that any prejudice would be caused to the Defendant applicant. It is the discretionary power of the trial court to frame additional issues if it finds it necessary for determining the lis between the parties but merely refusal to frame additional issues does not give a right to the parties to prefer a revision as by such refusal to frame such additional issues neither the rights nor the obligations of the parties are adjudicated upon. As no right or obligation of a party is determined by refusal to frame additional issues it cannot be held to be deciding a case so as to attract an expression "case which has been decided".

Learned Counsel for the opposite parties has placed reliance on the case of Modi Spinning and Weaving Mills Co. and Another Vs. Ladha Ram and Co., , where a similar view was taken. I am in respectful agreement with the above view.

In the result the revision fails and is hereby dismissed. The stay order is hereby vacated.