already been framed on 15.05.2023. The additional issue sought to be framed with respect to specific documents i.e. surviving member certificate of the plaintiff or documents purportedly signed by Late Rakesh Kumar Berry produced by the plaintiff along with plaint, is not required. Proving the abovesaid specific documents would entitle plaintiff to claim the relief sought in the present suit, for which specific issue no. 1 has already been framed on 15.05.2023. Furthermore, whether document i.e. surviving member certificate was issued after following due process of law or not, is not the dispute to be decided in the present suit. In case defendant no. 1 & 2 are aggrieved by the process followed in issuance of surviving member certificate, then that is a separate cause of action arising in favour of defendant no. 1 & 2, but the same cannot be adjudicated upon in the present matter. Hence, framing of additional issue no. 2 & 3 is not required in the present suit. 9. As already noted in separate order dated 24.02.2023, in the present case as well as counter claim bearing no. 1324121, titled as Mukesh Berry vs. Jagjit Kaur, trial of the present suit and the abovesaid counter claim has been dubbed together on the ground that issues to be decided and evidence to be led are materially and substantially the same. By way of the present application, defendant no. 1 & 2 are seeking framing of additional issues on the basis of the counter claim in the present matter. However, as it has already been noted that issues to be decided and evidence to he led in this suit and in counter claim are essentially the same, no separate framing of issues with respect to counter claim of defendant no. 1 & 2 appears to be necessary, moreso, when it has been specifically observed in order dated 24.02.2023 as below:
