IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION No.27180 OF 2019 (GM-CPC) BETWEEN:
M/S LAKSHMI NIRMAN (BANGALORE) PVT. LTD. NO.15, SRIKANTH LAYOUT HIGH GROUNDS BENGALURU – 560 001 REP. BY ITS MANAGING DIRECTOR … PETITIONER (BY SRI M.R.SHASHIDHAR AND SRI RAVISHANKAR, ADVOCATES) AND:
M/S JURONG INFRASTRUCTURE (INDIA) PVT. LTD. JURONG HOUSE, 1/5, PALACE ROAD BENGALURU – 560 001 REP. BY ITS MANAGING DIRECTOR … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 01.06.2019 PASSED ON I.A. FILED UNDER ORDER XIV RULE 3(b) AND 5 OF CPC IN O.S.No.361/2012 PASSED BY LEARNED LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY REJECTING THE APPLCIATION FOR FRAMING OF ADDITIONAL ISSUES VIDE ANNEXURE-‘A’ OF THE WRIT PETITION AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the plaintiff in a money suit in O.S.No.361/2012 is knocking at the doors of writ court for assailing the order dated 01.06.2019, a copy whereof is at Annexure-A whereby, the learned LXXXII Addl. City Civil Judge, Bangalore has rejected its application filed under Order XIV Rule 5 of CPC for framing of additional issue as articulated therein.
2. Having heard the learned counsel for the petitioner and having perused the Petition Papers, this Court declines to interfere in the matter because the grievance of a party to the suit as to the framing, non-framing, recasting or deletion of issues, can be the subject matter of consideration by the Appellate Court, if and when such a litigant suffers an adverse judgment & decree at the hands of the trial Court, as provided under section 105 read with Order XLIII Rule 1A of CPC, 1908. Ordinarily, such orders are not scrutinized by the writ court exercising limited supervisory jurisdiction under Article 227 of the Constitution of India, of course subject to all just exceptions into which the case of the petitioner does not fit. This is the consistent view of this Court in more or less similar matters.
3. The Writ Petition stands disposed off with liberty reserved to the petitioner for urging the impugned order as a ground, under Section 105 read with Order XIV Rule 1 is reserved if and when an adverse decree is suffered.
However, this order shall not come in the way of the trial court framing any additional issue or modifying the issues already framed if grounds do exist for the same.
Sd/- JUDGE KTY