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ALKA SARIN
Kanta Devi – Appellant
Versus
Paripuran Singh – Respondent
JUDGMENT
Auka Sarin, J. (Oral). - The present petition has been filed under Article 227 of the Constitution of India impugning the order dated 12.02.2020 vide which the application filed by the plaintiff-petitioners for framing an additional issue was dismissed.
2. The brief facts relevant to the present lis are that a suit for declaration as well as for permanent injunction and, in the alternative, for possession was filed by the plaintiff-petitioners in the year 2015. On 19.09.2016 the following issues were framed:
1. Whether the plaintiff is entitled to grant of decree or (sic) declaration as prayed for? OPD
2. Whether the plaintiff is entitled to grant of consequential relief of permanent injunction as prayed for? OPD
3. Whether the plaintiff has no locus standi and cause of action to file and maintain the instant suit? OPD
4. Whether the suit of the plaintiff is improperly valued for the purpose of court fee and jurisdiction? OPD
5. Whether the suit of the plaintiff is bad for misjoinder of cause of action and misjoinder and non-joinder of necessary parties? OPD
6. Relief
3. Thereafter, the parties led their evidence. The evidence of the plaintiff-petitioners was closed as far back as
The main legal point established in the judgment is that an additional issue can be framed at any point of time, but if the existing issues are broad enough to cover the entire controversy and eviden....
Omission to frame an issue would not vitiate the trial if the parties were aware of the issue and led evidence on it.
The necessity for framing additional issues is contingent upon their relevance and the completeness of existing issues for a fair adjudication.
The burden of proving a fact rests on the party asserting it, and the court has discretion in amending and striking out issues under Order 14 Rule 5 of CPC.
The main legal point established in the judgment is that the court may dismiss an application for framing of an additional issue if it deems that the party was lethargic in pursuing their remedy and ....
The main legal point established in the judgment is that the proposed issues must be relevant and not duplicative of existing issues, and the court has the discretion to decide on the relevance of ad....
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