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MANMEET PRITAM SINGH ARORA
Pratima Singh – Appellant
Versus
All India Blind Relief Society – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
1. This petition filed under Article 227 of Constitution of India impugns the order dated 11.05.2023 passed by the ADJ-05, South District, Saket Courts, New Delhi (`Trial Court') in CS DJ No. 5574/2016, dismissing the application filed by the Petitioner herein under Order 14 Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 (`CPC').
2. The Petitioner is the original defendant and Respondent is the original plaintiff in the civil suit.
2.1. The civil suit has been filed by the plaintiff for recovery of possession of House No. 3, Ground Floor, Model Eye Hospital, Block - F, Lajpat Nagar - II, New Delhi (`suit property') and mesne profits, on 26.07.2012. The relationship between the parties is admittedly that of a landlord-tenant.
2.2. The issues were framed by the Trial Court on 18.12.2014. The parties have thereafter, led their evidence which stood concluded in the year 2019. The matter has since then been pending at the stage of the final arguments.
3. It was at this stage of proceedings on 07.09.2020 that an application was filed by the Petitioner (i.e., the defendant) under Order 14 Rule 5 read with Section 151 of C
The main legal point established in the judgment is that the proposed issues must be relevant and not duplicative of existing issues, and the court has the discretion to decide on the relevance of ad....
The appellate court has the discretion to frame additional issues and record additional evidence under Order 41 Rule 25 and Rule 28 of the Code of Civil Procedure.
The main legal point established in the judgment is that an additional issue can be framed at any point of time, but if the existing issues are broad enough to cover the entire controversy and eviden....
The court affirmed that jurisdiction issues can only be decided by established forums, and changes involving procedural law are retrospective, impacting pending actions unless specified otherwise.
The main legal point established in the judgment is the court's authority to allow the framing of additional issues in a suit, despite the opposition of the Respondent, when it deems it necessary for....
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