C.R.No.6256 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.6256 of 2009. Decided on: October 29, 2009. Shinder Kaur @ Chand Kaur .. Petitioner VERSUS Kamaljit Kaur .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.G.S.Punia, Advocate, for the petitioner. M.M.S. BEDI, J. (ORAL) An application under Order 14 Rule 5 CPC, for framing additional issues on the basis of preliminary objection Nos.3 & 5, taken by the defendant-petitioner in the written statement filed to the amended plaint stands dismissed by the trial Court observing that the defendant does not want to lead any further evidence or produce any other material in support of additional issues which are sought to be framed, I am of the considered opinion that a plea taken in the written statement adjudication of which plea is relevant for fair and clear adjudication of a point raised, the permission to frame additional issue could have been allowed. Since the suit appears to . . . 1 C.R.No.6256 of 2009 be at final stage of arguments, to prevent the delay, in the interest of justice, this revision petition is disposed of in limine and it is ordered that trial Court will permit the framing of following additional issues: - 1. Whether the amended plaint contains averments beyond the amendment sought and allowed, if so, to what effect? Onus on defendant. 2. Whether the suit has not been filed by duly constituted attorney? Onus on defendant. The above said additional issues can be framed before hearing arguments and can be adjudicated upon by the trial Court as an undertaking has been given on behalf of the defendant by his counsel that defendant will not seek any opportunity to produce any evidence on the additional issues and will make an attempt to substantiate the legal pleas on the basis of the material already on the record. A copy of order be given dasti on payment of usual charges. (M.M.S.BEDI) JUDGE October 29, 2009. rka . . . 2