C.R.No.6256 of 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.R.No.6256 of 2009.
Decided on: October 29, 2009.
Shinder Kaur @ Chand Kaur
.. Petitioner
VERSUS
Kamaljit Kaur
.. Respondent
***
CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI
PRESENT Mr.G.S.Punia, Advocate,
for the petitioner.
M.M.S. BEDI, J. (ORAL)
An application under Order 14 Rule 5 CPC, for
framing additional issues on the basis of preliminary objection Nos.3
& 5, taken by the defendant-petitioner in the written statement filed to
the amended plaint stands dismissed by the trial Court observing
that the defendant does not want to lead any further evidence or
produce any other material in support of additional issues which are
sought to be framed, I am of the considered opinion that a plea taken
in the written statement adjudication of which plea is relevant for fair
and clear adjudication of a point raised, the permission to frame
additional issue could have been allowed. Since the suit appears to
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C.R.No.6256 of 2009
be at final stage of arguments, to prevent the delay, in the interest of
justice, this revision petition is disposed of in limine and it is ordered
that trial Court will permit the framing of following additional issues: –
1. Whether the amended plaint contains
averments beyond the amendment sought and
allowed, if so, to what effect? Onus on defendant.
2. Whether the suit has not been filed by duly
constituted attorney? Onus on defendant.
The above said additional issues can be framed
before hearing arguments and can be adjudicated upon by the trial
Court as an undertaking has been given on behalf of the defendant
by his counsel that defendant will not seek any opportunity to
produce any evidence on the additional issues and will make an
attempt to substantiate the legal pleas on the basis of the material
already on the record.
A copy of order be given dasti on payment of usual
charges.
(M.M.S.BEDI)
JUDGE
October 29, 2009.
rka
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