Single judge of the Patna High Court dismissed a writ petition under Article 227 opposing the Sub Judge's framing of additional issues in a title suit. The court found no inclination to interfere.
Application disposed of; lower court permitted to proceed; plaintiffs afforded opportunity to contest additional issues.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21905 of 2011
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.... .... Petitioner/s
Versus
Patna High Court CWJC No.21905 of 2011 (6) dt.12-10-2012
2
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
06. 12-10-2012
Heard Mr. Md. Abu Haidar, learned counsel appearing on
behalf of the petitioners.
This application under Article 227 of the Constitution of India questions the order dated 24.06.2009 passed by learned Sub Judge-II, Bagaha, District-West Champaran in Title Suit No. 36 of 2001, whereby on the suggestion made by the defendants, the learned court below has framed additional issues.
Mr. Haidar has stated that considering the stage of the proceedings, the suggestion is only to delay the disposal and thus ought not to have been accepted by the trial court.
Having heard learned counsel for the petitioners and having perused the materials on record as also the statutory provisions underlying Order 14 Rule 5 of the Code of Civil Procedure vesting the trial court to frame additional issues, I do not feel inclined to interfere with the order under challenge and this application is accordingly disposed of.
Learned court below would proceed in accordance with law affording opportunity to the plaintiffs-petitioners to contest the additional issues so framed.
(Jyoti Saran, J)
S.Sb/-
1 issue framed by the court
Whether the High Court should interfere under Article 227 of the Constitution regarding the trial court declining to recall additional issues framed under Order 14 Rule 5 CPC?
2 provisions across 2 enactments
Mustafa Ansari & Others
Ramjan Mian & Others
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
