BABU LAL Vs. NAGAR PALIKA SUMERPUR DISTT PALI

JUDGEMENT

(1.) THE revision has been filed against the order dt. 6. 8. 2001, by which the learned trial Court rejected the application of the petitioner-plaintiff filed under Order 14 Rule 5 of the Code of Civil Procedure, 1908 (for short, "the Code" ).

(2.) THE facts and circumstances giving rise to this case are that a suit was filed by the petitioner-plaintiff for permanent injunction on the basis of a Patta dated 18. 1. 75 for restraining the non petitioner-defendant to dispossess him from the suit premises. However, the non-petitioner took a specific plea in its written statement that the said Patta No. 13124 dated 18. 1. 75 stood cancelled and the petitioner-plaintiff had encroa-ched upon the land illegally. On the basis of the pleadings, an issue has been framed as to whether the petitioner-plaintiff is the owner and is in possession of the suit pre- mises. THE evidence has been led by both the parties. When the matter came up for final hearing, the application for framing a new issue had been filed u/o. 14 R. 5 of the Code as to whether the Patta of the petitioner-plaintiff stood cancelled and the plaintiff had come into possession of the suit property only a day earlier to the filing of the suit. THE learned trial Court has rejected the said application observing that the issues, which had already been framed, are enough to decide the controversy. Moreso, these facts were brought to the knowledge of the petitioner-plaintiff by the pleadings i. e. written statement a long back and after recording of the evidence of both the parties, it was not in the interest of justice to allow such an application. Hence this revision.