VALMIKI J. MEHTA, J.

1. This suit is today listed for framing of issues and disposal of I.A. No. 17568 of 2014 filed by the defendant No. 2 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC).

2. When a court has to frame issues, it has to be seen also as to whether issues at all arise because only when material propositions of facts and law are affirmed by one party and denied by the other party issues would arise. Putting it in other words, if from reading of the pleadings and documents which exist on record, at this stage of framing of issues, it is found that really no issue arises or certain issues do not arise, this Court need not frame some or all issues. In fact, at the stage of framing of issues, courts besides looking into Order VII Rule 11 CPC can also look into Order XII Rule 6 alongwith Section 2(2) CPC which defines a decree that by a decree even part of the claim in a suit can be decided.

3. The subject suit is a suit for permanent injunction and mandatory injunction, seeking reliefs of cancellation of the Sale Deed dated 4.8.2011 executed by the defendant No. 1 in favour of the defendant No. 2 with respect to the suit property being 9, Masjid