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2015 Supreme(P&H) 2232

RAJ MOHAN SINGH
GURSHARAN SINGH – Appellant
Versus
SARAVJOT SINGH – Respondent


Advocates:
Advocate Appeared:
For the Appellant :T.N. Sarup, Advocate
For the Respondent:B.S. Sudan, Advocate

JUDGMENT :

RAJ MOHAN SINGH, J.

1. Petitioner has assailed order dated 18.11.2014 passed by Civil Judge (Junior Division) Batala vide which application under Order 14, Rule 5 read with Section 151 CPC for framing additional issues has been rejected. The proposed additional issues which were sought to be framed are as under:-

1. Whether the suit land is the ancestral Joint Hindu Property and Sh. Teja Singh is the Karta of the Joint Hindu Family and that the plaintiff is the coparcener of the suit land? OPP

2. Whether the Sale deed dated 01.10.2008 executed by Teja Singh in favour of defendant No.2 is illegal, null and void being without the consent of the coparceners and without any legal necessity nor an act of good management and not binding upon the right and interest of the plaintiff and is liable to be set aside?

2. The original issues framed on the basis of pleadings of the parties are also reproduced here as under:-

1. Whether the plaintiff is entitled, for relief of declaration as prayed in the suit? OPP

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

3. Whether the plaintiff has no cause of action? OPD

4. Whether the plaintiff is not in actual and physical















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