GOPAL SINGH Vs. GANPATLAL PANCHAMLAL LAKHOTIYA

JUDGEMENT

(1.) The application moved by the petitioner under Order 14 Rule 5 CPC and under Order 41 Rule 25 CPC before the Appellate Court for framing an additional issue at appellate stage was rejected by the impugned order dtd. 26/2/2019. Against the said order the present writ petition has been filed by the petitioner.

(2.) Learned counsel appearing for the petitioner submits that the respondent-plaintiff at the stage of evidence stated that he was in the capacity of 'karta' while his father was alive on the date of filing of the suit. On the basis of the statement made by the respondent plaintiff, in cross-examination, the trial court ought to have framed issues with regard to the question whether the suit was maintainable by the respondent plaintiff.

(3.) Learned counsel submits that the application was accordingly moved under Order 14 Rule 5 CPC before the trial court which came to be dismissed and the judgment and decree was passed in favour of the plaintiff respondent.