JUDGMENT

Anil Kshetarpal, J. (Oral) - Defendant no.1, in a suit for grant of decree of mandatory injunction, permanent injunction and recovery, assails the correctness of interlocutory order passed on 07.09.2019.

2. It is the case of the petitioner that the trial Court did not follow the mandate of Order 14 Rule 1 CPC while framing issues. The trial Court has dismissed the application on the ground that the issues already framed are comprehensive and cover all aspects, therefore, no separate issues are required to be framed.

3. This Bench has heard the learned counsel representing the parties at length and with their able assistance perused the paper book.

4. As per Code of Civil Procedure, 1908, Order 14 Rule 1 provides for framing of the issues, which is extracted as under:-

"Rule 1 Order XIV of Code of Civil Procedure 1908 "Framing of issues"

(1) Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other.

(2) Material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence.

(3) Each material proposition affirmed by on