RAMAVTAR Vs. HANUMAN PRASAD

JUDGEMENT

(1.) The present writ petition under article 227 of the Constitution of India has been preferred on behalf of the petitioner against the order dtd. 15/1/2025 passed by the Court of learned Civil Judge & Judicial Magistrate, Dudu, District Jaipur, in Civil Suit No.16/2014 (N.C.V. No.26/2021) titled as Ramavtar v. Hanuman Prasad & Ors., whereby an application dt.27/11/2024 under Order 14 Rule 5 C.P.C. filed by the respondent(s), for framing of belowmentioned additional issue, was allowed.

(2.) Learned counsel for the petitioner submits that earlier on 25/5/2016, the learned Trial Court framed as many as four issues on the basis of pleadings of both the parties and now, after a lapse of about 8 years of pendency of the suit, an additional issue regarding limitation has been framed by the learned Trial Court in an arbitrary manner while allowing the application filed by the respondents under Order 14 Rule 5 C.P.C. Therefore, considering the facts & circumstances and the submissions made hereinabove, the present writ petition may be allowed and the impugned order dtd. 15/1/2025 be quashed & set aside.

(3.) Heard learned counsel for the petitioner and gone through the material available on record more particularly the impugned order dtd. 15/1/2025, para No.7 of the plaint and the reply/written statement.