Alok Sharma, J. - (1.) A challenge in this petition under Article 227 of the Constitution of India has been made to the order dated 23.10.2013, passed by the Civil Judge (SD) and Additional Chief Judicial Magistrate, Bandikui, District Dausa, dismissing an application filed by the petitioners-plaintiffs (hereinafter 'the plaintiffs') for framing an additional issue.
(2.) The facts of the case are that the plaintiffs filed a suit praying for cancellation of sale-deed dated 22.12.2007 duly registered with the Sub-Registrar, Baswa and further prayed that the defendant No.1, now respondent No.2 in the present petition, be restrained by way of a permanent injunction from interfering in any event whatsoever in the Baara (enclosure) stated to be in the possession of the plaintiffs. On service of summons in the suit, the defendant Prakash Chand Sharma filed his written statement of denial. It was stated that Gram Panchayat, Badiyal Khurd, Baswa had issued a patta for parcel of land admearusing 300 sq. yards on 05.02.1987. Consequent to which the defendant was the lawful owner of the property in issue and in possession thereof. On the basis of the pleadings of the parties, six issues were framed by the trial court. Issue No.2 relevant to this petition is as under : ...[VERNACULAR TEXT OMITTED]...
(3.) Following the striking of issues, evidence of the parties was recorded. Thereafter on 27.09.2013 the plaintiffs moved an application before the trial court for framing of an additional issue as to whether Gram Panchayat, Badiyal, had unlawfully issued the patta dated 05.02.1987 to the defendant. It was prayed that consequently the additional issue be framed.;