NARINDER SINGH Vs. MOHINDER SINGH AND OTHERS

JUDGEMENT

(1.) Plaintiff has challenged the order dated 07.07.2017 dismissing the application under Order 14, Rule 5, CPC.

(2.) The suit was filed in the year 2008. Issues were framed by the Court on 15.11.2011. Parties led their evidence being alive to the question involved in the present case. Plaintiff as well as defendant concluded their evidence in affirmative.

(3.) When the case was at the stage of rebuttal evidence, an application under Order 14, Rule 5 was filed. Taking into consideration that the issues were framed in 2011 and parties have led their affirmative evidence, the learned trial Court has observed that issue No. 1 is omnibus issue that covers the entire controversy between the parties.