PREM BAHADUR DUBEY Vs. HEERA LAL

JUDGEMENT

(1.) D. S. Sinha, J. Heard Sri Rajiv Misra, holding brief of Sri R. P. Misra, learned counsel appearing for the defendant- applicant.

(2.) THIS revision under Section 115 of the Code of Civil Procedure, 1908, hereinafter called the Code, is directed against the order dated 25th November, 1988 passed by the Addl. Civil Judge, Gyanpur, Varanasi in original Suit No. 95 of 1983 between Heera Lal and others and Prem Bahadur Dubey for specific performance against the legal heirs of one Deoraj whereby the prayer of Prem Bahadur Dubey, the defendant-applicant, for recasting the Issue No. 1 has been rejected. Issue No. 1, as it stands, is as follows: "whether Deoraj deceased was sole owner bhumidhar of the plots In dispute? If so, its effect. " The prayer of the defendant-applicant was that the word 'owner' occurring between the words 'sole' and 'bhumidhar' in the Issue No. 1 be deleted as existence of the word 'owner' would affect him adversely.

(3.) IN the result, the revision fails and is hereby dismissed summarily. Revision dismissed. .