JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. The petitioner challenges the order dated 13.04.2021 passed in CS No. 759/2018 titled Manish Kumar vs. Ram Kishan & Anr., whereby the application under Order XIV Rule 5 of CPC, 1908 filed by the respondent/plaintiff seeking deletion of issues no.1 and 2 was allowed.

2. Learned counsel appearing for the petitioner/defendant nos.1 and 2 submits that the issue regarding whether the suit property falls within the jurisdiction of Delhi Cantonment Board was taken right uptill the Hon'ble Supreme Court in SLP(C) No. 8866/2020 whereby after hearing the parties, the Hon'ble Supreme Court had held that the petitioner had accepted the jurisdiction of Delhi Cantonment Board over the land in question and it was on that basis, that the learned Trial Court had considered that issue no.1 was not required to be adjudicated.

3. Learned counsel submits that so far as issue no. 2, as to whether the provisions of Section 250 of Cantonments Act, 2006 (hereinafter as "the Act") would bar the suit as filed by the respondent/plaintiff is concerned, the learned Trial Court committed an error in not considering