KAUSHIK KUMAR LUTHRA Vs. HARISH BALA

JUDGEMENT

(1.) THIS petition is directed against the order dated 27. 7. 1992 whereby the Additional District Judge, Ludhiana, has framed an additional issue No. 1-A on an application having been tiled before the Court under Order 14, Rule 5, C. P. C. The Additional District Judge has found that from the pleadings of the parties, it was clear that issue No. 1-A should have been framed at the initial stage itself and accordingly to meet the ends of justice, the said issue has been framed. The challenge of the petitioner to the framing of this additional issue basically; is that it was done merely to delay the proceedings in the application under Section 9 of the Hindu Marriage Act as despite many opportunities, the respondent had not cared to produce her evidence. Be that as it may, if the Court finds that some omission has been made by it then to meet the ends of justice that omission or mistake can be rectified at any stage. No interference is, therefore required to be made in the impugned order.

(2.) FOR the reasons mentioned, above, the present petition being devoid of merit is dismissed with no order as to costs. The parties are directed to appear before the Trial Court 28. 9. 1993, notices to be served on them by the Court through registered A. D.