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2023 Supreme(Online)(TEL) 1209

HIGH COURT OF TELANGANA
SAMBASIVARAO NAIDU, J
Manthana Pritvi Raj – Appellant
Versus
Vadlakonda Alli Saritha – Respondent


JUDGMENT :

The petitioner herein is defendant in O.S.No.369 of 2016 on the file of IX Addl. Senior Civil Judge, Ranga Reddy District. He has moved a petition before the trial Court under Order 14 Rule 5 C.P.C. with a request to frame additional issues in the above referred suit. However, his application was dismissed by the trial Court vide order dated 28-09-2021. Being aggrieved by the said order, the petitioner has filed the present Civil Revision under Article 227 of Constitution of India on the following grounds:

1. The trial Court ought to have appreciated the pleadings and request of the petitioner/defendant who sought for framing additional issues, since it would assist the Court in adjudicating the real dispute between the parties.

2. The trial Court ought to have appreciated that, sometimes in a suit of this kind, a situation/circumstance may demand to allow such applications for framing of the additional issues, which if not passed may occasion failure of justice and would defeat the very purpose of making such application.

3. The trial Court ought to have appreciated that, there was a specific plea taken even in the written statements more specifically in Para No.9 on the im

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