Judgment

Mr. Arun Monga, J.

Petition herein, inter alia, is for setting aside an order dated 02.09.2021 passed by learned Civil Judge (Junior Division), Panipat whereby an application filed by the petitioner/plaintiff for framing of an additional issue was rejected.

2. Following issues were framed vide an order dated 09.10.2015 passed by trial court:-

“1. Whether the plaintiff is entitled to the relief of separate possession by way of partition as mentioned in the head note of the plaint? OPP.

2. Whether the plaintiff is entitled to the relief of permanent injunction restraining the defendants forever from interfering in the peaceful possession of the plaintiff or to changing the nature of the suit property or creating any third party rights over the same in any manner? OPP

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

4. Whether the plaintiff has no locus standi and cause of action to file and maintain the present suit? OPD

5. Whether the suit is bad for mis-joinder and non-joinder of necessary parties? OPD

6. Relief.”

3. Their sufficiency was never challenged until after evidence was led and closed.

4. Once the evidence of respondents/ defendants was closed on 28.02.2