Pushpendra Singh Bhati, J. - (1.) The petitioners have preferred this writ petition praying for the following reliefs:- It is, therefore, humbly prayed that this writ petition in nature of mandamus may kindly be issued and by an appropriate, order or direction and; (i) The present writ may kindly be allowed and the order dated 29.05.2018 (Annex.10) may kindly be quashed and set aside. (ii) The application filed by the petitioners under Order 14, Rule 5 CPC may kindly be allowed and issue no.4 may kindly be deleted."
(2.) The bone of contention is that the framing of issue in an eviction suit where the petitioners are landlords and the respondents are tenants. The petitioners moved an application under Order 14, Rule 5 CPC for deletion of issue no.4 which reads as follows:-
(3.) Learned counsel for the petitioners submits that since the suit is essentially for eviction of the tenant, therefore, the issue no.4 as quoted above will fundamentally change the nature of the suit and the focus of the proceedings will be the title of the petitioners, which cannot be permissible under the law.;