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2025 DIGILAW 1236 (RAJ)

Ramavtar Son of Shri Bajrang Lal v. Hanuman Prasad Son of Late Shri Madan Lal

2025-05-02

VINOD KUMAR BHARWANI

body2025
Order : 1. The present writ petition under article 227 of the Constitution of India has been preferred on behalf of the petitioner against the order dated 15.01.2025 passed by the Court of learned Civil Judge & Judicial Magistrate, Dudu, District Jaipur, in Civil Suit No.16/2014 (N.C.V. No.26/2021) titled as Ramavtar v. Hanuman Prasad & Ors., whereby an application dt.27.11.2024 under Order 14 Rule 5 C.P.C. filed by the respondent(s), for framing of belowmentioned additional issue, was allowed. 2. Learned counsel for the petitioner submits that earlier on 25.05.2016, the learned Trial Court framed as many as four issues on the basis of pleadings of both the parties and now, after a lapse of about 8 years of pendency of the suit, an additional issue regarding limitation has been framed by the learned Trial Court in an arbitrary manner while allowing the application filed by the respondents under Order 14 Rule 5 C.P.C. Therefore, considering the facts & circumstances and the submissions made hereinabove, the present writ petition may be allowed and the impugned order dated 15.01.2025 be quashed & set aside. 3. Heard learned counsel for the petitioner & gone through the material available on record more particularly the impugned order dated 15.01.2025, para No.7 of the plaint and the reply/written statement. 4. Perusal of the record reveals that presently, the matter is pending before the learned Trial Court at the stage of evidence and the additional issue, which has been framed, is a legal issue. 5. The Learned Trial Court, after considering all the facts, has passed a reasoned order, which is just & proper. No illegality, infirmity or error has been committed by the learned Trial Court in the aforesaid order dated 15.01.2025. Hence, there is no scope for interference in the aforesaid order in the limited writ jurisdiction under Article 227 of the Constitution of India. 6. Consequently, the present writ petition is dismissed. 7. Pending application(s), if any, also stands disposed of.