PRATAP Vs. PATEL GRAH NIRMAN SAHAKARI SAMITI LIMITED

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is preferred against the order dtd. 14/8/2023 passed by learned Additional District Judge No-10 Jaipur Metropolitan First (Headquarter Sanganer) (for brevity, "the learned trial Court") in Civil Suit No.132/2016 CIS No.98/2020 whereby, an application filed by the petitioners/plaintiffs (for brevity, "the plaintiffs") under Order 14, Rule 5 CPC has been dismissed.

(2.) The relevant facts in brief are that the plaintiffs filed a suit for cancellation of a deed and permanent injunction wherein, on the basis of pleadings of the respective parties, issues were framed on 13/3/2019. Thereafter, the plaintiffs moved an application dtd. 28/5/2019 under Order 14, Rule 5 CPC praying therein for framing of four additional issues. The aforesaid application was partly allowed by the learned trial Court vide order dtd. 19/7/2019 whereby, two of the additional issues proposed by the plaintiffs were framed as issues No.6 and 7. Thereafter, the plaintiffs filed yet another application dtd. 2/8/2023 under Order 14, Rule 5 CPC for framing of two additional issues which has been dismissed by the learned trial Court vide order impugned dtd. 14/8/2023.

(3.) None for the plaintiffs to assail the order.