- (1.) Present petition is challenge to the order dated 26.8.2014, passed by learned Civil Judge (Junior Division), Chandigarh, whereby the trial Court ordered to frame additional issues in the civil suit. Relevant facts of the case that plaintiffs-Major Gian Singh Charitable Education Trust, Dakha and others have filed suit for declaration to the effect that the ex parte judgment & decree dated 12.12.2007 was obtained by fraud, concealment of facts and by setting up a false Will etc. and for setting aside the same.
(2.) Learned counsel for the petitioner submitted that matter remained pending for about eight years and both the parties had already concluded their evidence on 31.7.2014. Parties were well aware of the pleadings and the following issues were framed by the Court below:- "i) Whether the ex parte judgment and decree dated 12.12.2007 passed by the Court of Sh. Ram Kumar Singla, Civil Judge (Junior Division), Chandigarh was obtained by fraud and misrepresentation and the same is liable to be set aside and the plaintiff No.1 is owner of Kothi No. 39, Sector 9A, Chandigarh OPP ii) If issue No.1 is proved, whether the plaintiffs are entitled for permanent i8njunction restraining the defendant No.1 from transferring and alienating the said Kothi in any manner whatsoever and restraining the defendant No.2 from transferring the said Kothi in the name of defendant No.1 in the official record OPP iii) Whether the suit is not maintainable OPD iv) Whether the suit is liable to be stayed under Section 10 of CPC OPD v) Whether the plaintiffs have no cause of action to file the present suit OPD vi) Whether the suit is not properly valued for the purpose of Court fee and jurisdiction and proper court fee has not been affixed OPD vii) Relief."
(3.) Thereafter, following additional issues were ordered to be framed:- "a) Whether the suit has been filed by an authorized person OPP b) Whether Major Gian Singh has executed Will dated 10.1.1984 OPP c) Whether Smt. Gurbachan Kaur has executed the Will dated 20.8.2002 OPD";