RAGHBIR SINGH Vs. KAPOOR SINGH

JUDGEMENT

(1.) CODE of Civil Procedure, 1908 (for brevity, the 'Code') challenges the order dated 29.5.2003, passed by Civil Judge (Senior Division), Charkhi Dadri, dismissing the application of the plaintiff-petitioner filed under Order 14 Rule 5 of the Code in which prayer was made for framing of an additional issue by keeping in view the pleadings mentioned in para 1 of the plaint as well as of the written statement. The application has been dismissed primarily on the ground that on 16.10.2002 an application filed by the plaintiff-petitioner for adducing additional evidence was dismissed and the plaintiff-petitioner intended to achieve same object by filing this application. The order of the Civil Judge reads as under :-

(2.) AFTER hearing the learned counsel at a considerable length, I do not find any legal infirmity in the order passed by the Civil Judge. A perusal of the order shows that process of law is stated to be misused by the plaintiff- petitioner which would unnecessarily result into delay of the disposal of the case. Even otherwise the interference by this court would not result into disposal of the suit which is the basic test for exercise of jurisdiction under Section 115 of the 'Code' as held by the Supreme Court in the case of Shiv Shakti Coop. Housing Society, Nagpur v. M/s Swaraj Developers, 2003(2) RCR(Civil) 676 (SC) : JT 2003(4) SC 255. Therefore, there is no merit in this petition which is consequently dismissed. Petition dismissed.