High Court Sets Aside Trial Court’s ‘Unjust’ Order, Directs Framing of Specific Additional Issue
In a significant ruling, the Punjab and Haryana High Court has set aside a trial court order, terming it as “unjust” and emphasizing the “duty of the trial Court to frame specific issues based on pleadings.” The judgement was delivered by Justice Amarjot Bhatti on September 25, 2023.
Malkit Singh, the petitioner, had approached the High Court under Article 227 of the Constitution of India to challenge an order of the trial court. The latter had dismissed his application for framing additional issues in a civil suit for recovery based on a pro-note and a receipt. The respondent, Balwinder Singh, had contested the suit and claimed that the documents were forged and fraudulent. Despite this specific stand, the trial court failed to frame an issue on it, stating it was already covered under an existing issue.
Justice Bhatti, while delivering the judgement, observed, “It is the duty of the trial Court to frame issues on the basis of pleadings of the parties.” The High Court further stated that “once a specific stand was taken by the defendant, the Court was required to frame specific issue on the same.”
The Court accepted the civil revision petition filed by Malkit Singh and directed the trial court to frame an additional issue concerning the stand taken by the defendant in preliminary objection No. 3.
The judgement came as a relief to the petitioner, represented by Advocate Mr. Lakhwinder Singh Mann, who had argued that the trial court’s failure to frame specific issues based on the defendant’s preliminary objections was unjust and violated the principles of natural justice.
Date of Decision: 25.09.2023
Malkit Singh vs Balwinder Singh
