SUSHILA ALIAS SHEELA Vs. CHARAN KAUR AND OTHERS

JUDGEMENT

(1.) The present civil revision petition under Article 227 of the Constitution of India has been preferred against the order dated 02.01.2016 passed by the learned Civil Judge (Jr. Division), Hoshiarpur, vide which the application moved by the plaintiff for framing the additional issues has been allowed and the plaintiff has been granted opportunity to lead the evidence on the newly framed additional issues.

(2.) Learned counsel for the petitioner contended that the issues already framed by the learned trial Court on 19.02.2010 covered the entire controversy and there was absolutely no need to frame any additional issue. To support his contentions he has relied upon cases Paramjit Kaur VS. Surinder Singh, 2012 166 PunLR 332, Surinder Singh Vs. Kuldeep Singh and others, 2015 179 PunLR 846, Binder Kaur and another Vs. Surjit Singh and others, 2010 8 RCR(Civ) 822. He further contended that in-fact, the respondentplaintiff wants to linger on the case. They had filed the suit for seeking declaration that they are the owner in possession of the suit land on the ground that Swaran Singh shall be deemed to be dead as he was not heard for the last 40 years. But, in-fact, said Swaran Singh is still alive and is living in village Tapkara, Tehsil Gumla, Bihar. Even, his statement has been recorded by the Local Commission. Thus, he contended that the impugned order is not tenable in law.

(3.) I have duly considered the aforesaid contentions and have carefully gone through the paper book.