KANSHI RAM Vs. MANGI LAL

JUDGEMENT

(1.) The instant writ petition is directed against the order dated 17.7.2012 passed by the learned Civil judge (Sr. Div.) Begun in D.R.C. Case No. 31/2010 whereby the application filed by the petitioner defendant under Order 14, Rule 5 C.P.C. for amending the issues was rejected.

(2.) Facts in brief are that the respondent plaintiff filed an application under Section 6 of the Rajasthan Relief of Agriculture Indebtedness Act, 1957 against the petitioner. The proceedings were initiated on a promissory note alleged to have been executed by the petitioner defendant. The issue No. 1 which is relevant and germane for deciding the writ petition is reproduced hereinbelow:-

(3.) The petitioner moved an application before the Trial Court under Order 14, Rule 5 C.P.C. claiming that he had taken any loan from the plaintiff but as a matter of fact he had mortgaged his 3 bighas agricultural land and some silver ornaments with the respondent plaintiff for a sum of 25,000/-. A mortgage deed was also alleged to have been executed in relation to the transaction. At that point of time the plaintiff got blank promissory note from the defendant petitioner as guarantee. The petitioner accordingly moved application for framing issue regarding his property having been mortgaged with the plaintiff. The said application was rejected by the order dated 17.7.2012 which is impugned in this writ petition.