HEMANT GUPTA, J. - (1.) THE plaintiff is in revision aggrieved against the order passed by the learned trial Court on 20.11.2003, whereby his application for re-framing of the issues was declined.
(2.) THE plaintiff has filed a suit under Order 37 of the Code of Civil Procedure for recovery of Rs. 5,35,000/- i.e. Rs. 5 lacs as principal amount advanced as loan and Rs. 35,000/- as interest, on the basis or two cheques issues by the plaintiff to the defendants. It is the case of the defendants that the said amount was received not as a loan but a security which attracts interest @ 12%. On the basis of the pleadings, the trial Court has re-framed the issues, which read as under :- "1. Whether the defendants took loan of Rs. 5 lacs from the plaintiff, as alleged ? OPP 2. Whether the defendants agreed to pay interest @ 18% per annum as alleged ? OPP 3. Whether the plaintiff is entitled to the recovery of Rs. 5,35,000/- as alleged ? OPP 4. If Issue No. 3 is proved, whether the plaintiff is entitled to get future interest ? If so, at what rate ? OPP 5. Whether the defendants took amount of 5 lacs as security as alleged ? OPD 6. Whether the defendants are entitled to counter claim/set of Rs. 17,34,576/- as alleged ? OPD 7. Whether the suit has not been properly valued for the purpose of Court-fee and jurisdiction ? OPD 8. Whether the counter claim is bad for non-joinder of necessary parties ? OPD 9. Whether the counter claim is liable to be returned to the claimant, as alleged ? 10. Relief."
(3.) LEARNED counsel for the petitioner has vehemently argued that once the receipt of Rs. 5 lacs is admitted by the defendants, then the issues framed are not proper and in fact the issue required to be framed is whether the defendant has taken the amount of Rs. 5 lacs as security, the onus of which is required to be placed on the defendants. However, the learned trial Court has framed incorrect issues, which is causing serious prejudice to the rights of the plaintiff and delay the decision of the suit.;