BALOUR SINGH Vs. NATHA SINGH

JUDGEMENT

(1.) The present writ petition has been filed against the order dtd. 14/1/2025 passed by learned Civil Judge, Raisinghnagar, District Sri Ganganagar in Civil Original Suit No.17/2017 whereby application dtd. 7/3/2022 under Order 14 Rule 5, CPC as filed on behalf of defendant No.1 for framing one additional issue, and application dtd. 30/8/2024 under Order 22 Rule 4, CPC as filed on behalf of defendant No.2, stood allowed.

(2.) It is relevant to note that defendant No.1, after filing of the application under Order 14 Rule 5, CPC subsequently expired and hence, the application under Order 22 Rule 4, CPC was filed by defendant No.2 to be substituted in place of defendant No.1 by virtue of an alleged will executed in his favour by defendant No.1.

(3.) Learned counsel for the petitioner submits that earlier on 7/3/2022, an application under Order 14 Rule 5, CPC was filed on behalf of respondent No.1 and the same was subsequently not pressed. Again an application dtd. 25/4/2024 with the same relief, i.e., for framing of the issue as mentioned therein, has been filed. Once the application was not pressed, similar application could not have been entertained by the learned Trial Court and that too qua an issue which does not pertain to the subject matter of the suit.