GURSHARAN SINGH Vs. SARAVJOT SINGH & ORS.

JUDGEMENT

(1.) Petitioner has assailed order dated 18.11.2014 passed by Civil Judge (Junior Division) Batala vide which application under Order 14, Rule 5 read with Section 151 CPC for framing additional issues has been rejected. The proposed additional issues which were sought to be framed are as under:-

(2.) The original issues framed on the basis of pleadings of the parties are also reproduced here as under:-

(3.) Original issue No.1 appears to be wide enough to cover in its ambit all the pleas arising out of nature of property and the grounds on which declaration is being sought by the plaintiff. However, the issue being not specific in nature requires to be further elaborated to put concerned parties to exact and proper issue so as to facilitate them to lead evidence in consonance with the requirement thereto. The respondent while appearing before the trial Court as well as before this Court has shown his concurrence to the proposed framing of additional issues, but the trial Court declined the same on the ground that the same will unnecessary delay the proceedings of the suit.