Case Note & Summary
The petitioner, Mr. Jitendra B. Mehta, filed a suit (R.A.D. Suit No.804 of 2010) before the Small Causes Court at Bombay seeking a declaration of tenancy in respect of Flat No.14, First floor, Mayur Pankh, Khokhani Lane, Ghatkopar (East), Mumbai. The defendants/landlords (respondents) filed a written statement, and issues were framed on 11th February, 2019. Subsequently, amendments were made to the plaint, and the defendants filed an additional written statement, leading to additional issues being framed on 6th November, 2020. The petitioner then filed an application (Exhibit 66) seeking recasting of the issues, proposing four new issues. The trial court rejected this application by order dated 19th August, 2022. Aggrieved, the petitioner filed a writ petition under Article 227 of the Constitution of India before the Bombay High Court. The High Court heard the parties and examined the existing issues and the proposed issues. The Court noted that the existing issues already covered the substance of the proposed issues, particularly issue No.1 (whether the plaintiff proves that defendant No.1 is the owner and Nirmalaben J. Mehta was the tenant) and issue No.2 (whether the plaintiff proves that defendant No.2 and 3 are unlawful occupants). The proposed issues were essentially the same. The Court held that the trial court's discretion in rejecting the application was not perverse or arbitrary, and no interference was warranted under Article 227. The petition was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Recasting of Issues - Order XIV Rule 5 CPC - Discretion of Trial Court - The petitioner sought recasting of issues in a pending tenancy suit, but the trial court rejected the application. The High Court held that the trial court's discretion was not perverse or arbitrary, as the proposed issues were already covered by the existing issues. The petition under Article 227 was dismissed. (Paras 1-10) B) Tenancy - Declaration of Tenancy - Small Causes Court - The suit was for declaration of tenancy in respect of suit premises. Issues were framed on 11.02.2019 and additional issues on 06.11.2020. The petitioner's application for recasting was rejected. (Paras 2-4)
Issue of Consideration
Whether the trial court erred in rejecting the application for recasting of issues under Order XIV Rule 5 of the Code of Civil Procedure, 1908.
Final Decision
The High Court dismissed the writ petition, holding that the trial court's order rejecting the application for recasting of issues was not perverse or arbitrary and did not warrant interference under Article 227 of the Constitution of India. No order as to costs.
Law Points
- Order XIV Rule 5 CPC
- recasting of issues
- discretion of trial court
- perversity
- Article 227 of Constitution of India
