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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Gobind Singh – Appellant
Versus
Rajwinder Kaur – Respondent
| Table of Content |
|---|
| 1. challenge to trial court's order framing additional issues. (Para 1 , 2 , 6) |
| 2. pleadings regarding the validity of disputed wills. (Para 4 , 5) |
| 3. court's authority under order 14 rule 5 cpc to frame necessary issues. (Para 7 , 8) |
| 4. exercise of supervisory jurisdiction under article 227 of the constitution. (Para 9 , 10) |
JUDGMENT :
VIKAS BAHL, J.
1. This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the order dated 12.03.2026 passed by the Additional Civil Judge (Sr.Div.), Phul, District Bathinda, vide which the trial Court has framed issue no.8(A) with respect to Wills dated 25.10.2007 and 10.07.1996.
ARGUMENTS ON BEHALF OF THE PETITIONER
2. Learned counsel for the petitioner has submitted that an application had been filed by the plaintiffs for examination of handwriting expert and at that stage, the trial Court suo-moto framed the additional issue regarding the Wills dated 25.10.2007 and 10.07.1996. It is submitted that the trial has made much progress and thus, the framing of the additional issue would unnecessarily delay the proceedings and would also result in denovo trial.
ANALYSIS AND FINDINGS
3. This Court ha
The trial court possesses the authority under the procedural code to frame or amend issues at any stage before the final decree to ensure all matters in controversy are adjudicated. The supervisory j....
The registered Will prevails over any unregistered will; courts evaluate the prima facie case, balance of convenience, and irreparable loss in injunction applications.
Amendments to pleadings under Order VI Rule 17 of the CPC should not change the nature of the suit or introduce new causes of action, and must be necessary for the proper adjudication of the case wit....
The main legal point established in the judgment is that mutation proceedings are administrative in nature and do not determine the rights or interest of the parties. The right or title in the proper....
A court can deny amendment requests under Order 6 Rule 17 CPC if due diligence is lacking after trial commencement.
The court emphasized the importance of proper exercise of revisional jurisdiction and the need for valid mutations in land disputes.
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