SUKHDEV SINGH Vs. JASWINDER SINGH

JUDGEMENT

(1.) In a suit which was filed by the defendants -respondents as early as in the year 1990 and in which issues were framed on 10.8.1991 and additional issues were framed on 28.9.1993, the learned trial Court has rejected a second application filed by the petitioners for framing of additional issues under Order 14 Rule 5 read with Sec. 151 of the Code of Civil Procedure.

(2.) The respondents have filed a suit for declaration of nullity qua the sale deed dated 26.12.1988 alleged to have been executed by Veer Singh (respondent No. 4) in favour of the petitioners.

(3.) Learned counsel for the petitioner argued that the issues regarding the nature of the property and the family partition are necessary in order to comprehensively decide the controversy between the parties. He submitted that by refusing to frame the additional issues, the learned trial Court failed to exercise the jurisdiction vesting in it and, therefore, this Court should exercise its jurisdiction under Sec. 115 of the Code of Civil Procedure.