( 1 ) THE petitioner has presented this petition questioning the legality of the order of the Family Court refusing to frame issues in M. C. No. 802/1987 pending before it.

( 2 ) IN a petition filed by the 2nd respondent under Section 9 of the Hindu marriages Ac', 1955. the petitioner had filed objections to the petition. On 15-7-88 Learned Counsel for the petitioner (respondent before the Family Court) filed draft issues and requested the court to frame the issues. On the memo filed by the petitioner. Family Court made the following order :-"petr. and Counsel present prays time respt's Counsel files memo that issues have to be framed. As the matter is of a summary proceedings framing of issues does not arise in the M. C. matter and hence the memo is rejected. This petn. is U/s 9 of H M. Act. "

( 3 ) QUESTIONING the legality of the said order, the petitioner has presented this petition. Sri Manjunath, Learned counsel for the petitioner contended that in view of Section 21 of the Hindu Marriage Act, 19b5 as the Code of Civil Procedure has been made applicable, it was obligatory on the part of the Family Court to frame issues having due regard to the pleadings of the part