- (1.) The defendant is in appeal.
(2.) The plaintiff filed the suit for specific performance of the agreement to sell dated 24.11.1994 in which the sale deed was to be executed on 30.05.1996. The plaintiff paid an amount of Rs. 10,000/- as advance against the total sale consideration of Rs. 1,30,000/-. The defendant filed the written statement and after replication was filed by the plaintiff, the following issues were framed by the trial Court:- "1. Whether the plaintiff is entitled to decree of specific performance of agreement to sell dated 24.11.1994 OPP. 2. Whether the plaintiff is entitled to decree of permanent injunction, as prayed for OPP. 3. Whether the plaintiff is ready and willing to perform his part of the contract OPP. 4. Whether the plaintiff has no locus standi to file the present suit OPD. 5. Whether the agreement dated 24.11.1994 is forged and fabricated and without consideration OPD. 6. Relief."
(3.) The plaintiff closed his evidence on 25.01.2001 and the defendant closed his evidence on 09.08.2002. Thereafter, the defendant filed an application under Order 14 Rule 5 of the Code of Civil Procedure, 1908 (hereinafter referred to as the "CPC") for framing of an additional issue about the jurisdiction of the Court. Vide order dated 27.09.2002, the following two additional issues were framed by the trial Court:- "1. Whether this Court has jurisdiction to try the present suit OPD. 2. Relief.";