CHARAN DASS Vs. CHANDER SHEKHAR GUPTA

JUDGEMENT

(1.) THIS revision is directed against the order dated 15.4.2003 propounded by Sub Judge, Katra, whereby the applications of the defendants -respondents, for recasting of issues and for permission to place on record the additional documents, have been allowed.

(2.) A suit for declaration came to be commenced by the plaintiff -petitioner, seeking to declare the gift deed dated 8.7.1982, registered on 8.9.1982, with regard to land measuring 18 marlas under survey No. 582/201, situate at Katra, as null, void and in -operative with a further relief of permanent prohibitory injunction, restraining the defendants -respondents from interfering into the said land, transfer or alienate it in any manner whatsoever. The case of the plaintiff -petitioner before the trial court is that he became the owner of the land on the basis of a gift deed dated 4.10.1968, executed by one Munshi Ram. The said gift deed is not, however, in controversy in the suit. Petitioner further stated to have executed a power of attorney in favour of respondent -defendant No.3, only for handling the legal maters in respect to the suit land and not for its sale or transfer by any mode whatsoever. It was on service of a notice upon him from Tehsildar Reasi on 5.9.2000, whereby he was called upon to attend the mutation proceedings in respect of the land on the basis of gift deed dated 8.7.1982, that the said gift deed had been executed by the petitioner through his attorney, defendant No.3, in favour of deceased Girdhari Lal, who happens to be the father of attorney, respondent No.3. Further case of the petitioner is that he is in possession of the suit land as owner and so is reflected in the revenue record and the respondents -defendants are interfering into his possession and on the basis of the gift deed are out to effect the sale and transfer the land. After filing the written statement by the defendants on a blend of legal and factual grounds, the trial court framed issues on 21.4.2001 in the context and contour of the pleadings. It was during the currency of the trial that defendants -respondents made applications, one for seeking recasting of the issues and the other for permission to bring on record additional documents.

(3.) THE trial court, after hearing the rival contentions of the parties, allowed the applications vide order -dated 21.9.2002, impugned in this revision petition.