SURENDER MANN Vs. JAGDEEP SINGH VIRK

JUDGEMENT

(1.) THE epitome of the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, initially, petitioner -plaintiff Surender Mann son of Shamsher Singh (for brevity "the plaintiff"), has instituted the civil suit (Annexure P5) on 5.7.2006, for a decree of permanent/mandatory injunction, restraining respondents -defendants Jagdeep Singh Virk son of Sardar Amir Singh Virk & others (for short "the defendants"), from demolishing any part and to restore already demolished building of Randhir Theatre in dispute in its original shape. The defendants contested the claim of plaintiff, filed the written statement (Annexure P6), stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.

(2.) HAVING completed all the codal formalities, ultimately, the case was listed for rebuttal evidence and arguments. Thereafter, the plaintiff moved an application (Annexure P2) to frame additional issue, under Order 14 Rule 5 CPC. The defendants refuted the prayer of plaintiff, filed the replies (Annexures P3 and P4), strongly denied all the allegations contained in the application and prayed for its dismissal.

(3.) TAKING into consideration the facts and entire material on record, the trial Court dismissed the pointed application (Annexure P2), by way of impugned order dated 22.2.2011 (Annexure P1).