GURBAX SINGH Vs. GURINDER SINGH AND ANOTHER

JUDGEMENT

(1.) Petitioners have assailed order dated 20.05.2016 (Annexure P-8) passed by Civil Judge (Jr. Division) Chandigarh vide which three applications i.e. application under Order 14, Rule 5 (1) Code of Civil Procedure for amendment of issues, application for summoning and attaching of the record of civil suit dated 23.03.1994 and application for examining Handwriting Expert Mr. Jassy Anand were decided.

(2.) Defendant No. 1 filed an application for framing of additional issues under Order 14, Rule 5 (1) Code of Civil Procedure on the plea of filing of improper court fee and name of defendant No. 2 Tikka Jasmohinder Singh being differently shown in terms of parentage as per pleading of the plaintiff.

(3.) Plaintiff opposed the application on the ground that title of defendant No. 2 had already been decided in a decision rendered by Rent Controller on 16.01.1980 wherein defendant No.2 was not held a tenant, but held to be a sub-tenant. The said judgment had already attained finality as the appeal against the same was dismissed as withdrawn. Defendant No.2 cannot take plea of ownership on the ground of res judicata.