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Judgment
Vinod K. Sharma, J. (Oral)
Present revision petition has been filed against an order passed by the learned trial Court framing additional issues arising out of the pleadings of the parties.
The contention of learned counsel for the petitioner is that earlier to the filing of the application for framing of additional issues the respondents herein moved an application under Order 6 Rule 17 of the Code of Civil Procedure (for short the Code). The said application was dismissed. After the dismissal of the application the respondents moved the present application for framing of additional issues.
The contention of the learned counsel for the petitioner is that the provisions of Order 6 Rule 17 of the Code have been bypassed. I find no force in this contention. Merely framing of issues arising out of the pleadings of the parties in no way affects the decision taken on the application under Order 6 Rule 17 nor the respondent can be allowed to plead any additional pleadings which was not allowed by the Court while dismissing the application under Order 6 Rule 17 of the Code. The Court is competent to frame issues at any stage of the proceedings which may arise out of the pleadings of the parties and therefore, this Court does not find any illegality or impropriety in the order passed by the learned trial Court which may warrant interference by this Court in revisional jurisdiction.
Dismissed.