Ganesh Ram and Others vs Shyam Sarup

J.V. Gupta, J.—This petition is directed against the order of the trial Court dated 29.9.1987 whereby the application filed under Order 14 Rule 1 CPC filed by the defendants for framing additional issues was declined. According to the impugned order, the issues already framed covered the entire pleadings as well as the issues proposed in the application. However, the trial Court further framed two additional issues vide impugned order dated 29.9.1987.

Learned counsel for the defendant-petitioner submitted that in the written statement, the defendants have pleaded ownership by way of adverse possession but no issue to that effect had been framed by the trial Court which was most material. He also submitted the proposed issues No. 8 and 9 as given in the application were also necessary for determining the real controversy between the parties.

After hearing the learned counsel for the parties, I am of the considered view that additional issue be framed as to whether the defendants have become owners by adverse possession. The petition is disposed of accordingly.

Since the suit was filed in the year 1987 and is still at the stage of preliminary stage, under the circumstances, it is directed that the parties would lead evidence at their own responsibility though Dasti summons be given to them, if so desired, as contemplated under Order 16 Rule 7-A of the Civil Procedure Code.