BHAGWAN DAS MODI Vs. LAXMIN BAI

JUDGEMENT

(1.) Heard.

(2.) The present petition is against the order dated 04.05.2013, whereby an additional issue has been framed about the ownership of the suit property and few of the parties were added as defendant.

(3.) Learned counsel for the petitioner would submit that initially the suit bearing Civil Suit No.40A/97 was filed by one Bhagwan Das Modi against Pratap Singh & Ram Kumar Singh for ejectment from the suit property on the ground of bona fide need. He would further submit that the suit was filed in the year 1981 and during the pendency of the suit, Pratap Singh, the first defendant, died and his legal heirs were brought on record, whereas Ram Kumar Singh continued as a defendant. Subsequently, one of the brother of the plaintiff namely Vishambhar Prasad Modi had moved an application to array him as a defendant in the plaint claiming that he is the brother of the plaintiff Bhagwan Das Modi and his right and title with respect to the suit property to get a vacant possession and arrears of rent may also be decided. On this application name of Bhagwan Das Modi was added as defendant No.3. He would further submit that thereafter the trial Court has framed the issues on 18.01.2000 to the effect that whether the plaintiff is the sole owner of the suit property? or whether the plaintiff and defendant No.3 i.e. Vishambhar Prasad Modi owned the property jointly? It is contended that though the said issues were framed as issue No.1 but subsequently they were deleted by order dated 18.08.2005. Again by order dated 04.05.2013 the said issue was added, which reads as under:-