Ratan Lal Vs Ashok Kumar

This writ petition has been filed by the petitioner aggrieved against the order dated 20.11.2015 passed by the trial court, whereby the application filed by the petitioner under Order XIV Rule 5 CPC has been rejected.

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The issues were framed on 1.2.2013 and application was filed on 16.10.2015 seeking amendment in the issues. The trial court after hearing the parties came to the conclusion that the proposed issues were essentially not different from what were framed by the trial court on 1.2.2013 and consequently rejected the application.

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Learned counsel for the petitioner submits that the trial court was not justified in dismissing the application filed by the petitioner as there was a specific plea in the written statement questioning the right of the plaintiff to file the suit and, therefore, the order impugned passed by the trial court cannot be sustained.

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2

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I have considered the submissions made by learned counsel for the petitioner and have perused the material placed on record. From the issues proposed by the petitioner in the present matter there is not any issue questioning the tenant landlord relationship as such. However, the issue No.5 framed by the trial court as to whether the plaintiff had any right to terminate the tenancy encompasses the plea sought to be raised by the petitioner and, therefore, it cannot be said that the trial court committed any error in dismissing the application filed by the petitioner.

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In view thereof, there is no substance in the writ petition, the same is, therefore, dismissed.

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(ARUN BHANSALI), J.

Ratan Lal v. Ashok Kumar

Case brief

What is this about?

What did the court decide?

Ratan Lal v. Ashok Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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