Ashwani Kumar Mishra, J. - (1.) The plaintiff-petitioner has instituted original suit no.450 of 2001 for injunction, in respect of the suit property, which is assigned municipal no.4/276, Nawabganj and has been given the name 'Kailash'. The defendants-respondents have appeared and have filed a counter claim stating therein that the defendants-respondents have been given half share of the suit property, pursuant to the will executed by Smt. Kailash Srivastava on 19.10.1962.
(2.) The trial court has framed 6 issues on the basis of pleadings made in the suit and another 7 issues on the basis of averments contained in the counter claim. The first issue settled upon the counter claim is as to whether J.K. Srivastava and Hari Krishna Srivastava have been given half right in the suit property in question on the basis of will dated 19.10.1962 executed by Smt. Kailash Srivastava.
(3.) The plaintiff-petitioner has filed an application under Order 14 Rule 5 CPC with the prayer that an additional issue be framed on the basis of pleadings contained in the counter claim.;