SURENDRA PAL SINGH Vs. CHANDER PARKASH

JUDGEMENT

(1.) HEARD learned counsel appearing on behalf of the revisionist-plaintiff.

(2.) BY means of present revision under Section 115 of the Code of Civil Procedure, the revisionist-plaintiff challenges the order dated 7th October, 2005, passed by the trial Court, whereby the trial Court has refused to frame the additional issues as prayed for by learned counsel for the plaintiff and rejected the application 73 C2 filed by the revisionist.

(3.) LEARNED counsel appearing on behalf of the revisionist-plaintiff produced certified copy of the order sheet dated 5th July, 2005. A perusal of the order dated 5th July, 2005 clearly demonstrate that all the issues were framed in the presence of learned counsel for the parties and on other issues were pressed by any party, including the revisionist-plaintiff. It appears that subsequent to the framing of the issues, the plaintiff filed an application purporting to an application under Order XIV, Rule 5, read with Section 115 of the Code of Civil Procedure, in which it has been prayed with the following observation :-