JUDGMENT

Mr. Raj Mohan Singh, J. (Oral):- Petitioner has assiled the order dated 22.2.2014 passed by Civil Judge (Jr.Divn.) Malerkotla, whereby application under Order 14 Rule 5 read with Section 151 CPC filed by plaintiff-petitioner for framing of additional issue was dismissed.

2. Plaintiffs filed a suit for declaration to the effect that they are owners in possession of land in question on the basis of sale deed dated 8.3.1957 and Will dated 4.4.1964 executed by Inder Singh, grandfather of the plaintiffs and Will dated 14.3.1997 executed by Gurdit Singh, father of the plaintiffs on the basis of family settlement dated 10.5.1998.

3. Evidently, the modes of acquiring suit property were two Wills and one family settlement. Both the parties went to trial after completion of pleadings. Issue No.1 is to the following effect:-

“whether plaintiff is entitled for declaration as prayed for ? OPP.”

4. After framing of the issues, plaintiffs have already led their evidence and their evidence was closed when learned counsel for the plaintiffs made a statement to that effect on 25.7.2012. Thereafter, the case was adjourned for defendants’ evidence. Order dated 25.7.2012 passed by the trial Cou