Arun Bhansali, J. - (1.) THIS writ petition has been filed by the petitioners aggrieved against order dated 04.03.2015 passed by the First Appellate Court, whereby, the application filed by the petitioners under Order XLI, Rule 25 CPC has been rejected.
(2.) FACTS in brief may be noticed thus : plaintiff - Bajrang Lal filed a suit under the provisions of Transfer of Property Act, 1882 ('the Act') against the petitioners seeking eviction from the suit shop; the suit was resisted by the petitioners -defendants; however, the trial court by its judgment and decree, decreed the suit filed by the respondent. Feeling aggrieved, the petitioners filed an appeal before the District Judge, Sirohi.
(3.) DURING the pendency of the appeal, the petitioners filed an application under Order XLI, Rule 25 read with Section 151 CPC, inter alia, contending that the trial court had not framed issues pertaining to the landlord tenant relationship between the plaintiff and the defendants and whether in absence of notice terminating the tenancy to all the legal representatives of Mukhtiyar Khan the suit was not maintainable and, therefore, the issues may be framed and opportunity may be granted to the appellants to prove the same.;