SMT. DAKHU Vs. BHURARAM AND ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against order dated 26.02.2015 passed by the trial court, whereby, the application filed by respondent No. 4 under Order 14, Rule 5 Code of Civil Procedure has been accepted and two additional issues have been framed. Petitioner - Smt. Dakhu filed a suit for partition and injunction against Bhura Ram, Sukha Ram and Kesa Ram, inter alia, claiming right in the joint family property being daughter of Naina Ram - brother of Bhura Ram and late Anna Ram (father of Sukha Ram).

(2.) During the pendency of the suit respondent - Heera Ram filed application under Order I, Rule 10 CPC, inter alia, claiming that he was adopted son of Naina Ram and, therefore, was a necessary party to the suit. The said application was rejected by the trial court.

(3.) Heera Ram filed a written statement and whereafter filed application under Order 14, Rule 5 Code of Civil Procedure seeking framing of additional issues based on the pleas raised by him in the written statement.