Perla Adi Shankar Rao, v. Kesaraju Yadagiri Venkata Ranga Rao,

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CIVIL REVISION PETITION No.4253 OF 2016 ORDER:

This Civil Revision Petition is filed under Article 227 of Constitution of India challenging the orders dated 19.04.2016 passed in I.A.No.37 of 2015 in O.S.No.489 of 2010 on the file of the Court of the Senior Civil Judge at Khammam.

2.

Heard the learned counsel for the petitioners and the learned counsel for the respondent.

3.

The petitioners herein filed a suit in O.S.No.489 of 2010 for recovery of an amount of Rs.8,36,500/- from the respondent with interest at the rate of 24% per annum from the date of suit till the date of realization basing on the agreement of sale dated 06.10.2008. The respondent herein filed a written statement. Basing on the plaint and written statement, the trial Court framed the following issues:

1.

Whether the plaintiffs are ready and willing to perform their part of contract and on the other hand defendant is not ready to perform his part of contract as per agreement of sale?

2.

Whether the plaintiffs are entitled for preliminary decree to recover earnest amount which is suit claim with interest and costs?

3. To what relief?

4.

Pending the suit, the respondent herein filed I.A.No.37 of 2015 under Order XIV Rule 5 read with Section 151 C.P.C. for framing of an additional issue. The trial Court allowed the said petition and framed the following issue:

"Whether the plaintiff is entitled to recover the suit amount without seeking a declaration for cancellation of agreement of sale, dt.06.10.2008"

Aggrieved by the same, the petitioners/plaintiffs filed the present revision.

5.

A perusal of the record clearly reveals that while framing the issues, in the suit, the trial Court has not bestowed its interest to the averments made in the plaint and written statement and framed the issues in a routine manner. It is needless to say that the Court has to frame the issues after perusing the plaint and written statement so as to enable the parties to the proceedings to adduce oral and documentary evidence relating to the issues framed. Framing of unnecessary issues or failure to frame the proper issues causes much inconvenience to the parties to the proceedings. In the instant case, the issues framed are irrelevant to the pleadings. If the trial is conducted basing on those issues, it may not be possible for the court to arrive at an appropriate conclusion. Therefore, this court is of considered view that it is a fit case to set aside the issues framed by the trial court. 6.

Having regard to the facts and circumstances of the case, all the issues framed by the trial court are hereby set aside and the trial Court is hereby directed to frame the issues afresh after affording a reasonable opportunity to both parties and proceed with trial.

7.

With the above direction, the Civil Revision Petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall stand closed. ________________________ T.SUNIL CHOWDARY, J Date: 16.11.2016 Ivd