NAVEEN CHANDER KAPUR Vs. STATE & ORS.

JUDGEMENT

(1.) The respondent nos. 3 to 5 have moved two applications (a) IA No. 13055/2017 under Order 14, Rule 5 read with section 151 CPC for framing of additional issues and; (b) IA No. 13056/2017 for directing the petitioner to carry out the admission and denial of documents filed by the L &DO and for permitting the respondent nos. 3 to 5 to file affidavit of admission and denial to the documents filed by the petitioner.

(2.) In application IA No. 13055/2017 qua framing of additional issues the following facts are alleged:

(3.) The issues in the present case were framed on 27.01.2016. The facts alleged now in this application were well within the knowledge of respondents No. 3 to 5 even at such stage but they did press for the issues narrated above. Admittedly the respondents knew of the memorandum of settlement being alleged basis for recording mutation with the L &DO. Rather an application under Order 12, Rule 6 CPC( IA No. 13399/2014) was moved by respondents No. 3 to 5 alleging all facts as are alleged in this application but the court vide its order dated 27.01.2016 had dismissed the application and recorded as follows: