The captioned writ petition is filed by the plaintiff feeling

aggrieved by the order of the learned Judge passed on an

application filed under Order 14 Rule 5 read with Section 151

of CPC.

2.

The plaintiff has instituted a suit for declaration and

for mandatory injunction in O.S.No.8763/2012. Pending suit,

after settlement of issues, the petitioner/plaintiff filed an

application requesting the Court to frame additional issues in

5

regard to relief of mandatory injunction. The said application

is rejected by the learned Judge on the premise that the issue

No.2 framed by the Court would cover the proposed issues

sought to be framed at the instance of plaintiff and on these

set of reasonings, learned Judge has proceeded to reject the

application.

3.

Heard learned counsel appearing for the petitioner

and learned counsel appearing for the respondents. Perused

the order under challenge.

4.

Before I advert to the order under challenge, I feel

it necessary to cull out the reliefs sought in the suit:

"1. Declare that the resolution/decision of the

Managing Committee of the 1^st Defendant Society

dated 02.09.2012 in admitting the 10^th defendant as a

member of the Ladies Wing of the 1^st defendant

Society

is

without

jurisdiction,

illegal

and

consequently, null and void.

2. Consequently, issue a mandatory injunction

on defendant Nos.1 to 9 or its successors-in-office,

6

directing them to revoke the resolution/decision dated

02.09.2012, wherein the 10^th defendant was granted

membership to the Ladies Wing of the First defendant

Society and to strike off her name from the

membership rolls of the first defendant Society.

3. Issue a mandatory injunction on defendant

Nos.1 to 9 or its successors-in-office to refund the

membership fee collected from the 10^th defendant and

bar all benefits to the 10^th defendant as a member of

the Ladies Wing of the first defendant Society.

4. Order costs of the Suit.

5. Any other relief that this Hon'ble Court deems

fit in the interest of justice and equity."

5.

The relief of mandatory injunction which is sought

in the present case is also supported by the pleadings. The

relevant portion of the pleading relating to mandatory

injunction is found at para 18. It would be also useful to cull

out the proposed issues in the present case on hand.

"1. Whether the plaintiff proves that he is

entitled for the relief of mandatory injunction on

defendants No.1 to 9 or its successors-in-office,

7

directing them to revoke the resolution/decision dated

02.09.2012 and to strike of the name of defendant

No.10 from the membership rolls of defendant No.1?

2. Whether the plaintiff proves that he is entitled

for the relief of mandatory injunction on defendants

No.1 to 9 or its successors in office to refund the

membership fee collected from defendant No.10 and

bar defendant No.10 from all benefits of defendant

No.1?"

6.

The

plaintiff

is

seeking

relief

of

mandatory

injunction against defendant Nos.1 to 9 to direct them to

strike off name of defendant No.10 from the membership rolls

of defendant No.1 and also to refund the membership fee

collected. There are specific pleadings to that effect which is

culled out supra. By laying a foundation at para 18, the

plaintiff has also sought relief of mandatory injunction which is

also culled out supra.

7.

Therefore, on perusal of para 18 of the plaint and a

counter raised in the written statement at para 35 would give

8

rise to material propositions which are specifically alleged by

the plaintiff and equally denied by the defendants and

therefore, the said set of pleadings in the plaint and written

statement forms the subject of distinct issue and therefore,

the Trial Court was required to frame the issues relating to

relief of mandatory injunction. The view taken by the learned

Judge that issue No.2 would cover all the reliefs that are

sought by the plaintiff in the suit which would include the

proposed additional issues is totally misconceived and the said

view taken by the learned