The court emphasized that additional issues can be framed to ensure all material facts are considered, particularly concerning non-joinder of parties and suppression of facts.

JUDGMENT :

1. Heard Mr. A.Mishra, learned counsel for the Petitioner who files his power and Mr. A.K.Rout, learned counsel for Opposite Parties 1 & 2.

2. Present CMP is directed against order dated 17^th October 2025 passed in C.S. No.1053 of 2021 by learned 2^nd Additional Civil Judge (Senior Division), Cuttack, wherein the prayer of Defendant No.1 to add two more issues under Order 14 Rule 5 of the CPC has been rejected.

3. Present Opposite Parties 1 & 2 being the Plaintiffs filed the suit praying to declare Defendant No.1 (Present Petitioner) as neither adopted nor natural daughter of deceased Gopal Dalai and also to declare the legal heir certificate obtained by her to be void, illegal and not binding. The Plaintiffs have also prayed for permanent injunction against Defendant No.1 for alienating such property out of the properties mentioned in the schedule of the suit and other consequential reliefs.

4. In course of the suit, issues were framed and the evidence was adduced from the side of the Plaintiffs. After adducing evidence from the side of the Plaintiffs and examination of one witness from the side of the Defendant No.1, she filed a petition under Order 14 Rule 5 of CPC to add two more additional issues. This was rejected on the ground that framing of such additional issues is not necessary in view of Issues No.1 & 3 as already framed by the Court.

5. It is seen from Annexure-4 that the issues framed in the suit are as follows:-

i. Whether the suit is maintainable in the eye of law.

ii. Whether there is any cause of action for the plaintiff to institute the present suit.

iii. Whether the suit is barred by law of limitation or under any other law.

iv. Whether the plaintiff is entitled for a declaration that, the defendant No.l neither natural nor adopted daughter of deceased Gopal Dalai.

v. Whether miscellaneous certificate obtained by the defendant No.l vide Miscellaneous certificate case No. E- LAC/2021/113408 in her favour is liable to be declared as void, illegal, fraudulent and not binding on the plaintiff and proforma defendants No. 3 & 4.

vi. Whether the plaintiff is entitled for a decree of permanent injunction restraining the defendant No.l from alienating or mortgaging the suit scheduled land before any financial institution or from executing any kind of deed on the basis of the alleged legal heir certificate obtained by the defendant No.l.

vii. To what other relief(s) the plaintiff is entitled for.

6. The two additional issues as sought to be added by Defendant No.1 are that,:-

(a) Whether the suit is not maintainable due to non-joinder of necessary parties?

(b) Whether the plaintiffs have suppressed the material facts before the Court?

7. According to Defendant No.1, the averments made in the written statement filed by her is explicit to disclose suppression material facts by the Plaintiffs regarding the genealogy of Mani Dalai – the grandfather of the Plaintiffs, and non-joinder of necessary party. It is submitted that the Plaintiffs when claiming relief in respect of the joint family property in the schedule of properties, all co-sharers are necessary parties in the suit.

8. But according to the Plaintiffs, as submitted, since the relief is mainly against Defendant No.1 and no such relief is claimed against any other person, therefore, no other person than Defendant No.1 can be considered as necessary party. So, such an issue regarding non-joinder of necessary parties is not at all essential to be framed. It is also submitted on behalf of the Plaintiffs that there is no suppression of fact regarding the genealogy of Mani Dalai because the same was not mentioned as unnecessary to