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2014 Supreme(P&H) 1720

BHARAT BHUSHAN PARSOON
Swaran Singh – Appellant
Versus
Balwinder Singh – Respondent


Advocates Appeared:
For the Appellant : R.D. Bawa.

JUDGMENT :

Bharat Bhushan Parsoon, J.

1. A suit for declaration that the petitioners-plaintiffs are owners in possession of 1/6th share of land measuring 33 Kanals 2 Marlas, as detailed in the plaint [Annexure P/1] is pending adjudication before the Civil Judge [Junior Division], Batala. Both the parties have already concluded their evidence and case is at the stage of final adjudication. An application moved by the defendants, petitioners herein, for recasting of issues was dismissed on 30.7.2014 [Annexure P/9]. Undaunted by such dismissal, fresh application [Annexure P/10] was moved by the petitioners-defendants with the same prayer, which application again was dismissed vide order dated 8.9.2014 [Annexure P/11]. Impugning these orders, Annexure P/9 and P/11, it is claimed that material issues somehow were omitted to be framed. 15 issues have been proposed. Earlier issues framed by the Court below on 19.9.2013 are as under:-

"1. Whether plaintiff is entitled for declaration? OPP

2. Whether Gurbachan Kaur is not Class-I, legal heir of Mangal Singh? OPP

3. Whether suit of the plaintiff is not maintainable? OPD

4. Whether the plaintiff has no locus standi to file the present suit? OPD

5. R




















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