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2014 Supreme(All) 529

HET SINGH YADAV
SARDAR SURJEET SINGH – Appellant
Versus
SURESH CHANDRA PORWAL – Respondent


Advocates:
Counsel :
Ashish Agarwal for the Revisionists.

JUDGMENT

Hon’ble Het Singh Yadav, J.—This SCC revision under Section 25 of the Provincial Small Cause Courts Act, 1887 (in short the Act) has been preferred against the order dated 21.1.2014 passed by the Small Causes Court (in short SCC)/Additional District Judge, Court No. 6, Etawah in SCC Suit No. 10 of 2011, whereby the application of the revisionists/defendants purported to have been moved under Order XIV Rule 5 Code of Civil Procedure (in short the C.P.C.) for framing additional issues was rejected.

2. Heard learned counsel for the revisionists.

3. The moot question that falls for determination in this revision is-whether the provisions of Order XIV of the C.P.C. can be invoked for application by the Courts exercising the jurisdiction of a Court of small causes under ‘the Act’ and secondly that the framing of additional issues in the instant case, as proposed by the defendants/revisionists was necessary for determining the matter at issue between the parties?

4. The question arises in the following back drop:

The opposite party/plaintiff, to begin with, instituted the suit in question for recovery of rent and ejectment in the Court below against the defendants/revisionists, in





















































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