P.S. Patwalia, J. - (1.) The present revision petition is directed against the order dated 23.2.2004 passed by Civil Judge (Jr. Divn.) Samrala vide which an application filed by the petitioner-plaintiff in the civil suit for framing additional issue and amendment of earlier issue was dismissed.
(2.) A reading of the facts of the case would show that issues as framed earlier are as hereunder : "1. Whether the plaintiff is owner of the suit property ? OPP 2. Whether the plaintiff is entitled to direction as sought for ? OPP 3. Whether the suit is not maintainable in the present form ? OPD 4. Whether the suit has not been filed by the competent authority ? OPD 5. Relief." The plaintiff wished Issue No. 1 to be refrained as under:- "1. Whether the plaintiff is not owner of the suit property ? OPD" Additionally the plaintiff prayed for an additional issue as under:- "Whether the plaintiff is entitled to possession of the suit property ? OPP"
(3.) The trial Court has rejected the application filed by the plaintiff. It has been held that insofar as framing of Issue No. 1 is concerned, the onus is on the plaintiff to prove the title of suit property and therefore the same has been framed correctly and it cannot be re-cast as desired by the plaintiff.;