Ram Kumar Sikarwar vs Munnalal

Sheel Nagu, J.—This petition under article 227 of Constitution of India assails the interlocutory order dated 26.02.2013 passed by learned trial court, whereby an application under Order XIV Rule 5 of CPC for framing of additional issues preferred by the defendant No. 6/petitioner herein has been rejected. Learned counsel for the rival parties are heard on the question of admission.

It is contended on behalf of the defendant No. 6/petitioner that in a suit for declaration of title two additional issues were sought to be framed by preferring an application under Order XIV Rule 5 of CPC by the defendant No. 6. The said two proposed additional issues were regarding limitation and non-joinder of necessary parties.

The trial court while passing the impugned order has rejected the said application in regard to the proposed additional issues without assigning any reason.

As regards rejection of the application under Order XIV Rule 5 of CPC for framing of proposed additional issues for non-joinder of necessary parties, reasons have been assigned by the trial court which appear to be tenable in law and cannot be termed to be so unreasonable that the trial court can be blamed for over stepping its jurisdictional limits prescribed under Order XIV Rule 5 of CPC.

This petition under Article 227 of the Constitution of India has limited scope of interference while exercising supervisory jurisdictional powers.

Since the trial court is duty bound to assign reasons for deciding any particular application and no reason has been assigned while rejecting the application under Order XIV Rule 5 of CPC to frame additional issue regarding limitation, the trial court has failed to exercise its jurisdiction vested in it by law under Order XIV Rule 5 of CPC and, therefore, this petition deserves to be allowed to that extent.

Accordingly, this petition stands allowed to the following extent:-

(1) The impugned order dated 26.02.2013 is set aside so far as it relates to rejection of application under Order XIV Rule 5 of CPC preferred by the defendant No. 6/petitioner pertaining to the issue of limitation only.

(2) Learned trial court is directed to decide the application under Order XIV Rule 5 of CPC so far as it relates to the prayer of defendant No. 6 for framing of additional issue of limitation after affording reasonable opportunity to the rival parties by assigning due and sufficient reasons.

This Court hastens to add that no opinion on the merits of claim of defendant No. 6/petitioner as regards application under Order XIV Rule 5 of CPC has been recorded by this Court. No order as to cost.