In Brief
In an eviction suit, the defendants denied that M/s. Balchand Udairam had sold the disputed premises to the plaintiff, although the plaintiff's plaint explicitly alleged the sale. When the defendants sought to frame an additional issue questioning whether the suit was bad for non-joinder of the original vendor, the trial court refused. The Supreme Court held that since the sale was affirmed by the plaintiff and squarely denied by the defendants in their written statement, it constituted a material fact that must be raised as an issue under Order XIV Rule 1(1) of the CPC. The court found the trial judge should have framed the additional issue, as Order XIV Rule 5(1) requires courts to frame issues necessary for determining matters in controversy between parties. The petition was allowed and the matter remanded for the trial court to frame the issue."
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