SUBHAN KHAN Vs. LRS. OF LATE PUKHE KHAN

JUDGEMENT

(1.) IN this revision petition, the petitioner has prayed for quashing order dated 25.5.2009 whereby the learned trial Court dismissed the application filed under Order 14 Rule 5, C.P.C., read with Section 151, C.P.C.

(2.) ACCORDING to facts of the case, suit was filed by the petitioner plaintiff on 2.6.1989. On 21.3.2009, evidence of the defendants was closed and matter was fixed for final arguments. Thereafter, an application was filed under Order 14 Rule 5, C.P.C, read with Section 151, C.P.C by the petitioner -plaintiff for framing another issue which is said to be legal issue. Learned Counsel for the petitioner submits that application under Order 14 Rule 5, C.P.C. can be filed at any stage, therefore, the learned trial Court committed error while dismissing the application filed by the petitioner under Order 14 Rule 5, C.P.C. on the ground that it has been filed at the final stage. In support of his argument, learned Counsel for the petitioner invited attention of the Court towards the judgment reported in (1996) 2 SCC 680, Koodalmanickam in Devaswom Managing Committee v. Thachudaya Kaimal @ Manickan Keralan (Dead) by Lrs, in which, as per learned Counsel for the petitioner, it has been decided by the Hon'ble apex Court that right to enjoy the property even assuming that the order is correct, is a right only in personam and on demise the right ceases to exist. In this connection therefore, the petitioner prayed for framing the issue of the same nature.

(3.) THIS revision petition is, therefore, accordingly dismissed.