Bhonri Devi (Smt.) vs. Additional District & Sessions Judge No. 14, Jaipur Metropolitan, Jaipur & Ors.

Code of Civil Procedure, 1908–Order 41, Rule 25–Additional issue framed up to the effect that whether the respondents were the tenants along with the deceased–Justification–Respondents were taken on record after death of original tenant and not as tenants–They did not choose to file any further written statement–No occasions arose for framing the additional issue–Impugned order of appellate Court set aside and matter remanded back for deciding the appeal on merits.