BRIJ MOHAN BAKHSHI Vs. AMAR NATH BAKHSHI

JUDGEMENT

(1.) This appeal under Clause 12 of the Letters Patent is directed against the judgment and order of a learned Single Judge of this Court Dr. A. S. Anand J.) dated 10-4-1978, in Civil Suit No. 84 of 1977 and in CMP No. 143 of 1978, dismissing the said petition under Order 14 Rule 5 of the Code of Civil Procedure and disallowing the prayer of the plaintiff for amending and recasting the issues.

(2.) In a suit for partition of joint Hindu family property and for rendition of accounts pending before the learned Judge, the plaintiff moved an application under Order 14, Rule 5, C. P. C. By this application, the plaintiff sought amendment of issues Nos. 1 and 2. According to the plaintiff these issues were neither properly framed nor was the burden of proof thereof correctly placed. As the defendants had set up the plea of prior partition, they had to prove the same by adducing evidence. This application was hotly contested by the defendants. Their main objection was that the plaintiff had admitted the execution of the memo of partition and, therefore, he had to prove that there was no partition effected. The learned Judge, However, refused to recast or amend the issues and dismissed the petition.

(3.) A preliminary objection has been raised on behalf of the respondents that the order rejecting the application is not judgment and, therefore, no appeal under the Letters Patent is maintainable. The application has not disposed of any part of the case and has not decided any rights in the suit.