SURYA PRAKASH KESARWANI, J.

1. Validity of judgment without framing issues with reference to Order VIII Rule 10 and Order XIV Rule 1 C.P.C. and nature and object of procedural law is involved in the present First Appeal.

2. Heard Sri Nripendra Mishra, learned counsel for the defendant-appellant.

3. This is defendant's appeal which has been filed praying to set aside the judgment and decree dated 24.11.2018 & 5.12.2018 respectively in O.S. No. 361 of 2005, Smt. Sneh Lata Gupta vs. U.P. State Industrial Development Corporation Ltd. passed by the Judge Small Causes Court/Additional Civil Judge (S.D.), Ghaziabad.

4. Briefly stated facts of the present case are that undisputedly the defendant-appellant issued an allotment letter dated 2.6.1998 allotting industrial plot No. E 29, area 1000 sq. meters in Industrial Area, Udyog Kunj, Ghaziabad, for setting up an Industrial Unit for manufacture of pressure cooker. The physical possession was given by the defendant-appellant to the plaintiff-respondent on 990 sq. meter land on 16.9.1998. There was some delay by the plaintiff-respondent in establishing the factory, therefore, the defendant-appellant issued demand notice to plaintiff-res