SAROJ Vs. SANJAY

JUDGEMENT

(1.) THIS petition is against the order dated 21.04.2014 by which an application by the petitioner for framing an additional issue under Order 14 Rule 5 CPC has been declined. To begin with, it would be relevant to refer to the pedigreetable as the parties to the lis are related to each other. Basically the dispute is regarding the release deed dated 23.01.2001, alleged to have been executed by Norang in favour of his daughter Saroj, of the property in dispute.

(2.) THE respondent, namely, Sanjay and Dinesh, who are the sons of Sant Lal have filed the present suit for declaration with consequential relief of permanent injunction that the release deed in favour of respondent No. 1/ Saroj is illegal. When the suit was at the stage of arguments, respondent No. 1 filed an application dated 10.03.2014 under Order 41 Rule 5 CPC for framing some additional issues to the following effect:

(3.) LEARNED counsel for the petitioner has argued that the release deed dated 23.01.2001 was earlier challenged in a Civil Suit No. 76 of 7.04.2006 by none other than the father of the present respondent, namely, Sant Lal but the said suit was withdrawn by him on the basis of compromise dated 29.07.2006. Thereafter, another suit was filed i.e. Civil Suit No. 44/1 of 26.05.2005 by children of another son of Norang namely Surajmal, challenging the same release deed but the said suit was also compromised, the order was passed by the Lok Adalat on 29.07.2006 and the said suit was also dismissed as withdrawn. Still thereafter, the petition No. 8/5 of 2005 was filed by the children of Surajmal s/o Sant Lal under Section 22 of Hindu Adoption and Maintenance Act, 1956 and in that case the cause of dispute was the said release deed of 23.01.2001. This suit was also withdrawn on 29.07.2006.