SHYAM LAL MANGAL Vs. ANAR DEVI

JUDGEMENT

(1.) Heard the learned counsel for the parties, perused the memo of the revision petition and the order of the Court below impugned in this revision petition.

(2.) The learned counsel for the defendant-petitioner does not dispute that the order of the learned trial Court deleting the Issue No. 3 regarding the "benami transaction" of the suit property has not been challenged immediately. The issue No. 3 which was re-benami transaction of the suit property, has been deleted by the learned trial Court on the application of the plaintiff-non-petitioner. That order has not been challenged prior to filing of this revision petition. The defendant-petitioner filed an application under Order 14, Rule 5 r/w Section 151 of the CPC for framing issue No. 3. That application was rejected by the learned trial Court under the order dated 9.3.1998 and that has also been challenged in this revision petition.

(3.) Leaving apart the question whether challenge to two orders in one revision petition is permissible or not, otherwise also in the facts of this case the learned Trial Court has not committed any error declining to re-frame the 5 Issue No. 3 which has been ordered to be deleted earlier.