Allowed

Ravi Kishore Mittal Alias Ravi Mittal and Another v. Hari Singh through His Lrs and Others

Punjab & Haryana HC8 Apr 2026CR/2529/2026

Case brief

AI extract

What is this about?

Revision petition against dismissal of an application to frame additional issues challenging an ex-parte mutation order. The High Court set aside the trial court order and allowed framing of additional issues under Order XIV Rule 5 CPC.

What did the court decide?

Trial court order dated 20.02.2026 dismissing the additional issues application was set aside; petition allowed.

Ravi Kishore Mittal Alias Ravi Mittal and… — Property and Title | Punjab & Haryana HC (2026)

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The present revision petition has been instituted by the petitioners under Article 227 of the Constitution of India, invoking the supervisory jurisdiction of this Court, assailing the order dated 20.02.2026 (Annexure P-8) passed by the learned Civil Judge (Junior Division), Ludhiana, whereby the application preferred by the petitioners–plaintiffs seeking framing of additional issues has been dismissed.

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The factual background, in brief, is that the petitioners– plaintiffs instituted a suit for declaration and permanent injunction, asserting themselves to be the bona fide purchasers for consideration of the suit property, bearing House No. 246-A, Model Town, Ludhiana, vide registered Sale Deed dated 22.02.2008. It was pleaded that the petitioners were in actual and physical possession of the property since the date of purchase. However, the petitioners discovered during a court file

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inspection on 12.08.2025 that respondent No.1 had obtained an ex-parte order dated 11.11.2014 from the Assistant Collector 1st Grade-cum-SDM Ludhiana West, whereby Mutation No. 35739 was sanctioned and the earlier mutation in favour of the petitioners was set aside without notice.

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The petitioners subsequently sought an amendment of the plaint to specifically challenge the said ex-parte order as being illegal, null, and void, which was allowed by the learned Trial Court vide order dated 31.10.2025. The amended plaint was thereafter filed on 03.12.2025.

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The respondents–defendants, in their written statement to the amended plaint, asserted that the petitioners had full knowledge of the change in mutation and the earlier litigation. They further contended that the suit was barred by the law of res judicata, limitation, and Order II Rule 2 CPC.

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Following the completion of amended pleadings, the petitioners–plaintiffs moved an application dated 10.02.2026 under Order XIV Rule 5 CPC, seeking the framing of additional issues on the ground that the amended pleadings introduced new material propositions of fact and law regarding the legality of the ex-parte mutation order dated 11.11.2014.

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The defendants opposed the said application, asserting that the extra issue sought to be framed was already encompassed within the existing declaration prayer and that the application was a tactic to delay the proceedings. Upon hearing the parties, the learned Civil Judge dismissed the application on 20.02.2026, holding that the issue of declaration already framed was wide enough to cover the legality of the

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impugned order.

I have heard the learned counsel for the petitioner and have perused the paper-book and the material placed on record.

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At this stage, it would be apposite to note that the provisions of Order XIV Rule 1 CPC stipulates that issues are required to be framed upon material propositions of fact or law which are affirmed by one party and denied by the other. The relevant provisions of Order XIV Rule 1 CPC read as under:

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“ORDER XIV Settlement of Issues and Determination of Suit on Issues of Law or on Issues agreed upon:-

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1. Framing of issues.—(1) Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other.

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(2) Material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence.

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(3) Each material proposition affirmed by one party and denied by the other shall form the subject of distinct issue.

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(4) Issues are of two kinds: (a) issues of fact, (b) issues of law.

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(5) At the first hearing of the suit the Court shall, after reading the plaint and the written statements if any, and [after examination under rule 2 of Order X and after hearing the parties or their pleaders], ascertain upon what material propositions of fact or of law the parties are at variance, and shall thereupon proceed to frame and record the issues on which the right decision of the case appears to depend.

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(6) Nothing in this rule requires the Court to frame and record issues where the defendant at the first hearing of the suit makes no defence.”

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The Civil Court is further vested with the authority to frame

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additional issues under Order XIV Rule 5 CPC which are necessary for the just determination of the controversy. The relevant provisions of Order XIV Rule 5 CPC is reproduced as under:

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“5. Power to amend and strike out, issues.—

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(1) The Court may at any time before passing a decree amend the issues or frame additional issues on such terms as it thinks fit, and all such amendments or additional issues as may be necessary for determining the matters in controversy between the parties shall be so made or framed.

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(2) The Court may also, at any time before passing a decree, strike out any issues that appear to it to be wrongly framed or introduced.

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In view of the foregoing observations and reasons recorded here-in-above, the present revision petition stands allowed.

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It is, however, clarified that the observations made here-inabove are purely confined to the adjudication of the present petition and shall not be interpret as an expression of opinion on the merits of the underlying dispute.

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Since the matter stands finally disposed of, all pending miscellaneous application(s), if any, also stand disposed of accordingly.

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Ravi Kishore Mittal Alias Ravi Mittal and Another v. Hari Singh through His Lrs and Others

Case brief

What is this about?

What did the court decide?

Ravi Kishore Mittal Alias Ravi Mittal and Another v. Hari Singh through His Lrs and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Case details

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