In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 6896 of 2008 Date of decision: March 27, 2009 Amrik Singh .. Petitioner Vs. Gurtej Kaur and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Manish Kumar Singla, Advocate for the petitioner. Mr. Ajay Pal Singh, Advocate for the respondents. A.N. Jindal, J This revision petition is directed against the order dated 27.8.2008 (Annexure P-2), whereby the trial court declined to frame three issues which are reproduced as under :- “5A. Whether the counter claim is not maintainable in the present form? OPP 5B. Whether the defendants have no cause of action and locus standi to file the counter claim?OPP 5C. Whether the counter claim is not within the period of limitation?OPP” The trial court declined to frame these issues while observing that these issues would be considered while deciding issue No.4 which is reproduced as under :- 4. Whether defendants are entitled to possession of the suit land?OPD Learned counsel for the petitioner has submitted that in case the aforesaid issues are re-framed, then he would not lead any further evidence on these issues as enough evidence is on the file. Having examined the application for framing the issues as well as the impugned order, it transpires that the petitioner had set up the aforesaid legal issues in his counter claim, therefore, it was obligatory on the part of the court to frame the aforesaid issues. The petitioner has come Civil Revision No. 6896 of 2008 -2- *** with a bonafide plea that he would not lead any further evidence on the aforesaid issues as enough evidence is on the file, therefore, there would be no harm in framing these three issues so that specific findings on these issues could be awarded. Under these circumstances, the instant petition is allowed, the impugned order is set aside and the trial court is directed to frame the aforesaid three issues. However, it is made clear that the petitioner would not lead any further evidence on the aforesaid issues. It has been informed to me that the case is already mature for arguments, as such the trial court is directed to decide the case within two months from today. March 27, 2009 (A.N. Jindal) deepak Judge