Allowed

Udey Singh and Ors. v. Omvati and Ors.

Punjab & Haryana HC11 Mar 2013CR/1602/2013

Case brief

AI extract

What is this about?

This court allowed an interim civil revision petition. The court set aside the trial court's order dismissing an application for additional evidence, directing the trial court to grant the petitioner an opportunity to lead evidence on the amended issues framed by the trial court.

What did the court decide?

Impugned order setting aside; petition accepted; direction to trial court to provide opportunity to lead evidence on amended issues.

Udey Singh and Ors. Vs Omvati and Ors. — Partition | Punjab & Haryana HC (2013)

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Civil Revision No.1602 of 2013 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision No.1602 of 2013 (O&M) Date of decision: 11.03.2013

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Udey Singh and others

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……Petitioners

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Versus

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Smt. Omvati and others

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…….Respondents

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CORAM : HON’BLE MR. JUSTICE A.N. JINDAL

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Present: Mr. Chanderhas Yadav, Advocate, for the petitioners.

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A.N. Jindal, J.

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The order dated 04.02.2013 (Annexure P-8) passed by the trial

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Court, dismissing the application filed by the plaintiffs-petitioners (hereinafter referred as 'the petitioners') for leading additional evidence, is under challenge.

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Initially, following issues were framed by the trial Court on

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04.11.2008:-

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Whether the mutation No.1156 and judgment and decree dated 19.01.1993 are illegal, null and void and not binding on the rights of the plaintiff? OPP

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Whether the suit of the plaintiff is not maintainable? OPD

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Whether the defendants have become owners of the suit property by way of adverse possession? OPD

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Civil Revision No.1602 of 2013 (O&M)

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Relief.

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Feeling dissatisfied, the petitioners had moved an application for amendment of the issues, particularly to frame an issue with regard to ownership. Therefore, the trial Court, vide order dated 16.10.2012, framed the following issues:-

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Whether the plaintiffs are owners in possession over the suit property vide sale deed dated 26.10.1989 and decree dated 19.01.1993 passed by Sh. M.L. Bansal, learned ACJ, Jhajjar is not binding on their rights as alleged in the plaint? OPP

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Whether the suit is time barred? OPD

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Whether the defendants No.2 to 6 became owner of the suit land by way of adverse possession as alleged in written statement? OPD

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Whether plaintiffs have no cause of action and locus standi to file the present suit? OPD

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Whether plaintiffs are estopped by their act and conduct? OPD

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Whether the suit is bad for misjoinder of necessary parties? OPD

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Relief.

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Thereafter, on filing of the application by the petitioners for seeking permission to lead evidence on the amended issues, the trial Court refused to grant such permission on 04.02.2013. The said order has been impugned in this petition.

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Heard, the Court was bound to provide an opportunity to the petitioners to lead evidence on the amended issues, whatsoever, it may be, as the issues are the backbone of the case and provide a chance to the party to know as to what evidence is to be led on the issues and what he has to prove.

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Civil Revision No.1602 of 2013 (O&M)

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In these circumstances, this petition is accepted; the impugned

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order is set aside and the trial Court is directed to provide an opportunity to the petitioners to lead evidence on the amended issues.

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11.03.2013 ajp

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(A.N.Jindal) Judge

Udey Singh and Ors. v. Omvati and Ors.

Case brief

What is this about?

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Udey Singh and Ors. v. Omvati and Ors.

Case brief

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