LALIT KUMAR Vs. NARESH KUMAR

JUDGEMENT

(1.) This writ petition has been filed against the order dated 10.01.2020 rejecting the application filed by the petitioner-plaintiff under Order 14 Rule 5 CPC seeking to frame two additional issues. However, during course of the arguments, learned counsel for the petitioner has prayed the relief qua issue no. 4A only.

(2.) The facts in brief are that the petitioners filed a civil suit for partition, permanent injunction and declaration of sale deed to be null and void against their rights. After closure of the evidence of the parties, when the case was fixed for final arguments, the petitioners moved an application under Order 14 Rule 5 read with Section 151 CPC seeking to frame two additional issues, which has been dismissed by the learned trial Court vide its order dated 16.03.2020.

(3.) Assailing the order, it is contended by the learned counsel for the petitioners that since the defendants have, in their written statement pleaded that Late Shikharchand was adopted by Chote Lal; whereas, they have averred in their plaint that late Shikharchand has claimed himself to be son of Chaukhchand; therefore, an additional issue to this effect was necessary.