KHARKA SINGH CHETTRI Vs. MANGAL CHANDRA RAI

JUDGEMENT

(1.) These applications under Sec. 227 of the Constitution of India invoking the supervisory jurisdiction of this court assails two Orders both dtd. 17/11/2021 deciding two applications under Order XIV Rule 5 read with Sec. 151 of the Code of Civil Procedure, 1908 (CPC) to amend the issues framed by the learned Trial Court on 22/9/2021 in two suits i.e. Title Suit No. 03 of 2020 (Mangal Chandra Rai and Ors. Vs. Kharka Chettri and Ors) and Title Suit No.02 of 2020 (Mangal Chandra Rai and Ors. Vs. Man Bahadur Chettri and Ors.) pending before the learned Civil Judge, West Sikkim at Soreng.

(2.) By Orders dtd. 22/9/2021 the learned Trial Court had framed issues in both the suits.

(3.) The petitioners who were defendant no.1 in both the suits filed applications under order XIV Rule 5 read with Sec. 151 CPC for rectifications including the striking out of issue no.5 and issue no.7 in the respective suits. Issue no. 5 (in Title Suit No. 03 of 2020) and issue no.7 (in Title Suit No.02 of 2020) which were identically worded read as under: