: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2193 OF 2008 NOTICE OF MOTION NO.2193 OF 2008 NOTICE OF MOTION NO.2193 OF 2008 IN IN IN SUMMARY SUIT NO.1512 OF 1981 SUMMARY SUIT NO.1512 OF 1981 SUMMARY SUIT NO.1512 OF 1981 Babulal I. Jaiswal & Anr. .. Plaintiffs. Versus Hemchand H. Khandelwal & Anr. .. Defendants. Mr.Bharat Joshi for plaintiffs. Mr.Mahendra Rathod for defendant No.1 and for applicants in support of notice of motion. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 6th October, 2008. DATE : 6th October, 2008. DATE : 6th October, 2008. P.C. :- P.C. :- P.C. :- 1. The defendant No.1 wants that Issue No.2 framed as back as 19.4.2001 should be deleted, hence the motion. Parties have completed the pleadings. 2. The court is informed that the Issue No.2 which is : 2 : sought to be deleted was framed by the court on 19.4.2001 and thereafter, the parties have led evidence and the suit is ready for arguments. This motion is taken out by defendant No.1 in January, 2008 i.e. practically after 7 years. Some arguments were advanced by the learned Advocate for defendant No.1 as to how this Issue No.2 does not fall for the consideration of this court on the basis of pleadings and the Issue ought not to have been framed. In the normal course, if such a request would have been made soon after the framing of the issue and before commencement of the recording of evidence, things would have been alright. In the present case, the suit is proceeded further and has reached the stage of arguments. In my view, at this juncture, it would not be proper to go back and decide whether framing of Issue No.2 was proper or otherwise. 3. In my view, it would be proper if defendant No.1 is granted liberty to address the court on Issue No.2 to say that the said Issue No.2 does not fall for the determination of this court on the basis of the points raised by defendant No.1. If this is done, the court will decide whether the Issue No.2 survives or not or otherwise give appropriate order which would meet the ends of : 3 : justice. Hence the order :- O R D E R O R D E R O R D E R i) The Notice of Motion is disposed of. ii) Liberty to defendant No.1 to address the court on the question whether Issue No.2 would fall for determination of this court or not or relevant considerations. iii) There shall be no order as to costs. 4. Suit set down for arguments on 22.10.2008. (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.)