Having heard learned counsel for the petitioner and having perused the material placed on record, this Court is unable to approve the order dated 09.01.2018 passed by the Trial Court on I.A.No.18 filed by the defendant under Order XIV Rule 5 of CPC.

2. By the application aforesaid, the defendant/petitioner sought framing of an additional issue on the basis of the pleadings as taken in paragraphs 6(v) (vi) and (vii) of the written statement.

3. The said prayer has been disallowed by the Trial Court with the observations that since the plaintiff has not filed rejoinder, there is no denial and hence, no additional issue is required to be framed. The order of the Trial Court reads as under :

“Heard on I.A.18 filed by the Deft. 2 u/o. XIV Rule 5 of CPC. The above I.A. is filed on behalf of Deft.2, praying to frame additional issue as shown infra.

Addl. Issue :

“Whether the suit of the plaintiff for permanent injunction is maintainable in the absence of relief for declaration of title in view of para No.6(v)(vi) and (viii) of the written statement?

For the reasons stated in the affidavit annexed to the I.A.

The above suit is filed for the relief of permanent injunction.

In this case, even