M/S Aman Engineering Works v. M/S B.M. Water Meters
In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 1505 of 2022 Date of Decision: 26.04.2022 M/s Aman Engineering Works ... Petitioner(s)
Versus
M/s B.M.Water Meters ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.
Present:
Mr. Aashish Chopra, Senior Advocate with Mr. Nipun Saxena, Mr. Balvinder Sangwan, Ms. Sugandha Kundu, Mr. Archit Adlakha and Ms. Mallika Shillar, Advocates, for the petitioner(s).
Anil Kshetarpal, J.
1.
While assailing the correctness of the interlocutory order dated 28.03.2022, passed by the Additional District Judge, Jalandhar, the plaintiff has filed the present revision petition. The Court has held that issue No.1, already framed, is a broader issue and all the matters can be decided under the aforesaid issue.
2.
The plaintiff prays for framing of the additional issues after a period of four years from the date of institution of the suit. The Court has already observed that the issues framed are broad enough to decide the matter, therefore, no prejudice is caused to the petitioner. Undoubtedly, under Order XIV CPC, the Court is required to frame a separate and distinct issue on each material preposition of fact and law. However, despite the repeated observations under various judgments, this Court is yet to see a DEEPAK KUMAR BHARDWAJ 2022.04.29 10:39 I attest to the accuracy and integrity of this document
Civil Revision No. 1505 of 2022 tangible change.
3.
Once the Court has already observed that the issues framed would cover, within its scope, all the additional issues, which are prayed for, no ground to exercise the jurisdiction under Article 227 of the Constitution of India, is made out. However, the trial Court shall remain bound to decide all the disputes under the issues already framed. 4.
With the observations made above, the present revision petition is disposed of.
(Anil Kshetarpal) Judge April 26, 2022 "DK"
Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2022.04.29 10:39 I attest to the accuracy and integrity of this document