PIARA SINGH Vs. BHUPINDER KAUR

JUDGEMENT

(1.) CHALLENGE in this revision is to the order dated 29.11.1999 passed by the learned Additional District Judge, Fatehgarh Sahib. The facts relevant for the determination of the controversy in issue in this revision are that the plaintiffs had filed a suit for declaration and permanent injunction alleging themselves to be the heirs of Karam Singh and also claimed interest in the suit property on the basis of a will in their favour by the deceased, to the exclusion of his real brother Pritam Singh.

(2.) THE suit was contested by the defendants. The learned trial Court vide the judgment and decree in the year 1995, dismissed the suit. The unsuccessful plaintiffs filed an appeal before the learned first appellate Court. During the pendency of the appeal an application was filed under order 41 Rule 27 of Civil Procedure Code on 27.10.1999 and also filed an application under Order 14 Rule 5 of the Code for framing of additional issues. Both these applications were dismissed by the learned first Appellate Court vide its order dated 29.11.1999.

(3.) THE learned Counsel for the petitioners while relying upon a judgment of this court in the case of Union of India and another v. M/s Goverdhan Dass, P.A., 1973 Revenue Law Reporter 14 contended that framing of issues was obligation of the learned trial Court and in the event of non-framing of issues, the learned first Appellate Court ought to have allowed the application under consideration of that Court.