BHAGWANI BAI Vs. BHIWANI RAM

JUDGEMENT

(1.) The present civil revision petition has been filed by the plaintiff-petitioners challenging the order dtd. 3/2/2021 (Annexure P-6) passed by the Trial Court dismissing their application for framing of an additional issue.

(2.) The facts in brief are that in 2008 the plaintiff-petitioners filed a civil suit for declaration, possession and injunction inter-alia impugning a decree dtd. 12/8/1980 and eleven sale deeds executed between 1996 and 2007. Written statements were filed and on 23/5/2014 issues were framed. The plaintiff-petitioners closed their evidence while the evidence of the defendant-respondents was closed on 17/12/2020. The suit was adjourned to 23/12/2020 for rebuttal evidence and arguments.

(3.) The website of the Trial Court discloses that on 15/1/2021 the plaintiff-petitioners filed an application for production of certain documents in rebuttal evidence. However, On 22/1/2021, the counsel for the plaintiff-petitioners suffered a statement that he did not press the application for production of documents and also filed an application for framing of an additional issue to the effect "Whether Sohari Bai was the wife of Vasanda Ram and Vasanda Ram was having two daughters namely Bhagwani Bai (plaintiff) and Radha Bai (proforma defendant) ? ". In this application (Annexure P-3) it was stated that due to oversight and inadvertence the said issue could not be framed earlier when issues were framed by the Trial Court and that the said issue was very much necessary for the due adjudication of the matter in controversy between the parties and for the just and proper decision of the civil suit. Replies to the said application were filed by the contesting defendant-respondents which replies have been attached as Annexures P-4 and P-5. They stated that the application had been filed only to prolong the matter and that the civil suit was fixed for rebuttal evidence and arguments and at this stage no new issue could be framed and that the application had been filed to fill up the lacunae. Vide impugned order dtd. 3/2/2021 (Annexure P-6) the Trial Court dismissed the application (Annexure P-3). Hence, the present civil revision to challenge the said order.