This revision petition under Article 226 sought interference with the Civil Court's dismissal of an application to frame an additional issue on a Will. The High Court held that no issue need be framed for admitted facts and dismissed the revision.
Revision petition dismissed; no interference with the order dated 20.8.2009.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Revision No.5780 of 2009 (O&M)
Date of Decision : 08.10.2009
Anuj Kumar and others
.....Petitioners
versus
Aman Gupta
.....Respondent
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Mr.Pravindra Singh, Advocate, for the petitioners.
-.-
ORDER
Surya Kant, J. (Oral)
This revision petition under Article 227 of the Constitution of India is directed by the defendants against the order dated 20.8.2009, whereby an application moved by them for framing an additional issue has been dismissed by the Civil Judge (Junior Division), Karnal, after observing as follows:-
“ I find force in the arguments raised by learned counsel for the plaintiff. The plaintiff has not denied the existence of a Will dated 9.3.2000. However, validity of its execution is in dispute. If an additional issue as pleaded by learned counsel for plaintiff is allowed, it would tantamount to changing the nature of the suit.”
C.R. No.5780 of 2009 (O&M) 2
The approach adopted by the learned Civil Court is in consonance with the settled law that no issue is required to be framed with regard to the admitted facts.
No interference with the impugned order is called for by this Court in exercise of its revisional jurisdiction.
Dismissed.
08-10-2009 Mohinder
(SURYA KANT) JUDGE
1 issue framed by the court
Whether the High Court should exercise its revisional jurisdiction to interfere with the lower court's dismissal of an application for framing an additional issue regarding the validity of a Will.
1 provisions across 1 enactments
Anuj Kumar and others
Aman Gupta
Surya Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
