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2017 Supreme(Raj) 1669

DINESH MEHTA
Tulsi Ram – Appellant
Versus
Mitha Lal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sandeep Saruparia
For the Respondent: Mr. Deelip Kawadia

ORDER :

Dinesh Mehta, J.

The present writ petition is directed against the order dated 14.10.2016 passed by learned Additional Civil Judge (Junior Division) North No. 1, Udaipur (hereinafter referred to as 'the Trial Court') whereby the petitioners' application under Order 14, Rule 5 of the Code of Civil Procedure, seeking amendment in the issues has been turned down.

2. The facts in brief, appertain to the writ petition are that the respondent - plaintiff had filed a suit for permanent and mandatory injunction against the petitioners - defendants in the year-1993.

3. In response to the said suit, while filing written statement, the petitioners - defendants also filed a cross-suit, seeking certain relief of possession etc.

4. On the basis of the pleadings of the parties, the Trial Court had framed thirteen issues on 20.04.2001. Petitioners - defendants had filed an application under Order 14, Rule 5 of the Code of Civil Procedure on 05.08.2016 and raised various objections in relation to the issues already framed. It was also prayed that the issue No. 4 be framed as under :-

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