This single bench dismissed three connected writ petitions seeking directions to frame additional issues in a civil suit which was at the evidence stage. The Court held that no new issues should be framed at this late stage as the suit was filed over a decade ago.
Writ petitions dismissed; pending applications disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 13491/2022
----Petitioners
[CW-13491/2022]
(2 of 8)
Versus
Jag Ram S/o Shri Ram Lal, By Caste Kumahar, Resident Of Village Pilibanga, Tehsil Pilibanga, District Hanumangarh At Present Resident Of Paliwala, Tehsil Suratgarh District Sri Ganganagar.
----Respondent
Connected With
S.B. Civil Writ Petition No. 13125/2022
(3 of 8)
[CW-13491/2022]
Years, By Caste Jat, Resident Of Village Pilibanga, Tehsil Pilibanga, District Hanumangarh.
----Petitioners
Versus
Madu Ram S/o Shri Murlidhar, By Caste Kumahar, Resident Of Village Pilibanga, Tehsil Pilibanga, District Hanumangarh.
----Respondent
S.B. Civil Writ Petition No. 13276/2022
(4 of 8) [CW-13491/2022]
15 S.g.r., Tehsil Suratgarh, District Sri Ganganagar.
----Petitioners
----Respondents
| For Petitioner(s) | : Mr. Gopi Ram Goyal on VC. |
|---|---|
| For Respondent(s) | : - |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Judgment
Reserved on 21/08/2023 Pronounced on 25/08/2023
(5 of 8)
[CW-13491/2022]
“It is, therefore, most respectfully prayed that writ petition of the petitioners may kindly be allowed and;
(i) by an appropriate writ, order or direction by quashing and setting aside the impugned order dated 22.10.2021 (Annexure-6) passed by learned Civil Judge (J.D.), Pilibanga, District Hanumangarh;
(ii) further by an appropriate writ, order or direction may kindly be issued by allowing the application filed by the petitioners/defendants under Order 14 Rule 5 C.P.C. dated 12.04.2018 (Annexure-4);
(iii) further by an appropriate writ, order or direction the learned trial Court may be directed to made additional issue according to the application of the petitioners/defendants or pleading of the parties;
(iv) Any other appropriate order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners’
(v) Cost of the petition may kindly be awarded in favour of the petitioners.”
2.1 Thereafter, the respondent/plaintiff filed an application under Order 14 Rule 5 CPC seeking framing of the additional issue, whereupon the respondent/plaintiff filed a reply to the said application. The said additional issue sought to be framed reads as under:
(6 of 8) [CW-13491/2022]
“ vk;k oknh }kjk izLrqr iÍk esa of.kZr txg] izfroknhx.k ds LokfeRo o vf/kiR; ds iz”uxr Hkw[k.M esa vofLFr gSa A ”
2.1.1. The learned Court below vide the impugned order dated 22.10.2021 rejected the said application. Hence, the present petitions have been preferred claiming the afore-quoted reliefs.
3.1 Learned counsel further submitted that the core issue in the suit relates to location and boundary as shown in the patta of the respondent/plaintiff, but the learned Court below passed the impugned order only on the ground of delay in filing the application.
3.2. Learned counsel also submitted that the learned Court below ought to have framed the additional issue for proper adjudication of the aforementioned suit, and the same, as per the settled proposition of law, can be framed by the learned Court below at any stage of the suit; therefore, as per learned counsel the impugned order is not sustainable in the eye of law.
[CW-13491/2022]
(7 of 8)
3.3. In support of such submissions, learned counsel relied upon the judgment rendered by a Coordinate Bench of this Hon’ble Court in the case of Gunwant Singh Jhala Vs Dr. Yuvraj Singh Jhala & Ors. (S.B.Civil Writ Petition No. 3099/2018, decided on 06.03.2018 ).
(8 of 8)
[CW-13491/2022]
new/additional issue can be framed, more particularly, when filing of the application in question by the petitioners/defendants seems to be an attempt to prolong and delay the trial of the suit.
(DR.PUSHPENDRA SINGH BHATI), J.
667-SKant/-
2 issues framed by the court
Whether a trial court can be directed by the High Court to frame an additional issue under Order 14 Rule 5 CPC when the suit is at the evidence stage?
Whether the rejection of an application under Order 14 Rule 5 CPC was a fit case for grant of relief under Article 226?
Colour shows how this judgement treated each authority
Gunwant Singh Jhala Vs Dr. Yuvraj Singh Jhala & Ors.Distinguished¶88
Gunwant Singh Jhala Vs Dr. Yuvraj Singh Jhala & Ors. (S.B.Civil Writ Petition No. 3099/2018, decided on 06.03.2018)
2 provisions across 2 enactments
Legal Representatives of Kalu Ram, Son of Ram Rakh
Sohan Lal S/o Shri Ram Rakh
Legal Representatives of Nemi Chand, Son of Shri Ram Rakh
Jag Ram S/o Shri Ram Lal
Dr. Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
