SMT. DAKHU Vs. BHURARAM AND ORS.
LAWS(RAJ)-2015-5-331
HIGH COURT OF RAJASTHAN
Decided on May 08,2015

SMT. DAKHU Appellant
VERSUS
BHURARAM AND ORS. Respondents

JUDGEMENT

Arun Bhansali, J. - (1.) This writ petition has been filed by the petitioner aggrieved against order dated 26.02.2015 passed by the trial court, whereby, the application filed by respondent No. 4 under Order 14, Rule 5 CPC has been accepted and two additional issues have been framed. Petitioner - Smt. Dakhu filed a suit for partition and injunction against Bhura Ram, Sukha Ram and Kesa Ram, inter alia, claiming right in the joint family property being daughter of Naina Ram - brother of Bhura Ram and late Anna Ram (father of Sukha Ram).
(2.) During the pendency of the suit respondent - Heera Ram filed application under Order I, Rule 10 CPC, inter alia, claiming that he was adopted son of Naina Ram and, therefore, was a necessary party to the suit. The said application was rejected by the trial court. In S.B. Civil Writ Petition No. 4556/2010 filed by said Heera Ram, the writ petition was allowed and Heera Ram was directed to be impleaded as party defendant to the suit.
(3.) Heera Ram filed a written statement and whereafter filed application under Order 14, Rule 5 CPC seeking framing of additional issues based on the pleas raised by him in the written statement.;


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