BADAR DURREZ AHMED, J.

1. This appeal has been filed by the appellant/plaintiff being aggrieved by the order dated 08.02.2016, whereby the learned Single Judge has refused to frame an issue with regard to an alleged agreement having been arrived at between the parties on 07.09.2002. In the impugned order it is recorded as under:-

“Neither in the plaint nor in the prayer clause, there exists any pleading or prayer made seeking shares in terms of an oral settlement of a particular date or a settlement deed of a particular date. No such issue with respect to settlement can hence be framed as is urged on behalf of the plaintiff.”

2. We are of the view that this observation of the learned Single Judge is not borne out by the record. Paragraph 5 of the plaint, as originally filed, reads as under:-

“5. That even on 7th September, 2002 the parties in the presence of (a) Mr. Saran Singh, (b) R. S. Bedi and (c) M. J. Bhalla had agreed that the property No. C-12 Safdarjung Development Area (Comm. Centre) New Delhi shall be sold; and that out of the sale proceeds, Rs One Crore shall be paid to Defendant No.1, while Rs. 20 lacs shall be kept in trust or Fixed Deposit for Charities and the