MAJIDAN Vs. MOHAMMAD SADIQ

JUDGEMENT

(1.) A suit for joint possession to the extent of 1/2 share of the suit land as also for prohibitory injunction restraining the defendants from alienating any portion of the land filed by the plaintiff, petitioner herein, is pending adjudication before the lower court and is at the stage of conclusion as the same is fixed for adducing rebuttal evidence, if any, by the plaintiff and for arguments.

(2.) WHEN the petitioner -plaintiff had availed seven opportunities to produce rebuttal evidence and arguments, an application for re -framing of the issues was made under Order XIV Rule 5 CPC which was contested tooth and nail by the opposite parties. After contesting the suit for all these years and when the same has come at the stage of arguments, the plaintiff has now sought framing of the following issues:

(3.) IT would be noteworthy that issues in this case were framed as back as on 16.7.2012. Issue No.1 framed therein is as under: