CHAUDHARI JOITAJI CHHAGANJI Vs. BAI GAJARIBEN WD O THAKARDA KHODAJI MOHANJI
HIGH COURT OF GUJARAT
CHAUDHARI JOITAJI CHHAGANJI
BAI GAJARIBEN WD/O THAKARDA KHODAJI MOHANJI
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N.H.BHATT, J. -
(1.) IN order to obviate this difficulty which is quite evident the learned Judge seems to have been persuaded to hold that despite there being a specific contention of the defendant in his written statement it was open to the learned Judge not to raise the issue because of the con- tents of document produced by either party. The obvious reference is to the copy of the registered mortgage deed. Order 14 Rule 3 of the Code mentions three data from which the court is required to frame issues. They are: (a) allegations made on oath by parties; (b) allegations made in the pleadings or in answers to interrogatories; and (c) the contents of documents. The beginning words of Rule 3 state that the court may frame the issues from all or any of the following materials. Mr. Barots contention was that if one of the material suggests an issue and if the other category negatives it the courts powers are unlimited. He urges that the court may raise the issue or may not raise the issue if one or the other of the three data runs counter to the raising of the issue. It is diffi- cult to uphold this contention advanced by Mr. Barot. If any one of the three data discloses the material for raising an issue to which the parties join the court is bound to raise the issue even on the basis of one or more of the three foundations. They are three cumulative factors but one is not exclusive of the other. If the contents of the documents run cou- nter to the basic allegations in the pleadings the court cannot refuse to frame issues because of the conflict between documents on one hand and the allegations in the proceedings on the other. On the other hand if the pleadings are silent or ambiguous but if the contents of the document produced by the parties clearly reveal a point on which parties join issue the court is bound to raise the issue on basis of the contents of docu- ment. This appears to be the purpose behind the enacting of Order 14 Rule 3 of the Code. So the submission of Mr. Barot on this score is difficult to be upheld. ... Application allowed.;
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