SANJAY BHARGAVA @ RAJU BHARGAVA Vs. MUNNI DEVI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 20/12/2018 passed by 12th Civil Judge, Class-I, Gwalior in Civil Suit No.28A/2013, by which the application filed by the petitioner under Order XIV Rule 5 CPC has been rejected.

(2.) The necessary facts for disposal of the present petition in short are that the respondents have filed a suit for eviction against the petitioner on the ground that they have purchased the property in dispute. In the year 2013, certain amendments were carried out by the parties. On 7/5/2015 the respondents filed the original copy of the sale deed by which the suit property was purchased by them. Thereafter, the petitioner never filed an application under Order XIV Rule 5 CPC for framing of additional issue and the plaintiffs' evidence was over and when the defendant's evidence was on the verge of completion, then an application under Order XIV Rule 5 CPC has been filed. The said application has been rejected by the trial court.

(3.) Challenging the order passed by the court below, it is submitted by the counsel for the petitioner that there is a specific averment in the written statement that since the sale deed was executed on 11/1/2012, therefore, the suit filed before registration of the sale deed is not maintainable. It is submitted that there is a specific averment to that effect in paragraph 7 (c) of the written statement.