K. GOPAL Vs. SRINIVAS C.

JUDGEMENT

(1.) Petitioners are before this court calling in question an order dtd. 10/2/2021, by which the application I.A.No.4 filed by the petitioners/defendants under Order 14 Rule 5 of the CPC seeking incorporation of additional issues comes to be dismissed.

(2.) The petitioners/defendants and the respondents/plaintiffs are the members of the family and are before the concerned court in OS No. 25235 of 2017 seeking relief of partition. The issue in the lis does not relate to the merit of the claim or the defence before the concerned court. Before the concerned Court, in the aforesaid suit, an application comes to be filed by the petitioners under Order 14 Rule 5 of the CPC seeking to incorporate additional issues to be tried along with the other issues. The said order comes to be rejected, the rejection of which has driven the petitioners to this Court in the subject petition.

(3.) The learned counsel for the respondents has remained continuously absent. The co-ordinate bench of this Court, on 6/6/2025 had passed the following order: