RAGHU CHANDU KOTIANKAR Vs. LAXMI MARAKALTHI

JUDGEMENT

(1.) The defendant Nos.1 and 2 filed the present writ petitions against the order dated 16.11.2017 made in O.S.No.170/2013 dismissing I.A.No.4 filed by the defendant Nos.1 and 2 under Order XIV Rule 5 and Sections 94(e) and 151 of Code of Civil Procedure.

(2.) The respondent Nos.1 and 2 herein who are the plaintiffs before the Trial Court, filed suit for partition and separate possession in respect of schedule 'A' property, contending that the plaintiffs and defendant Nos.1 and 2 are the members of joint family. The defendants filed written statement and denied the plaint averments.

(3.) The Trial Court, though framed issues, no issue was framed with regard to the contention raised in the written statement that the suit is barred by limitation. Therefore, defendant Nos.1 and 2 filed an application under Order XIV Rule 5 and Sections 94(e) and 151 of Code of Civil Procedure, seeking to frame additional issues as stated in the application. The said application was resisted by the plaintiffs. The Trial Court, considering application and objections, by the impugned order, dismissed the application. To review the said order, petitioners filed another application under Section 114 of the Code of Civil Procedure. As there was delay in filing the said application, an application under Section 5 of the Limitation Act was also filed. The Trial Court, by the Order dated 01.09.2018, allowed I.A.No.6 by condoning the delay and dismissed I.A.No.5 filed under Section 114 of Code of Civil Procedure, with cost of Rs. 500/-. Hence, these writ petitions are filed.