Aparesh Kumar Singh, J. - (1.) Heard counsel for the petitioners.
(2.) Learned Trial Court of Senior Civil Judge-1, Dumka in Title (P) Suit No. 128/2003, has declined the prayer for adding two more issues for trial at the instance of the defendants / petitioners herein by the impugned order dated 10.08.2016 (Annexure-5). The issues sought to be framed are as follows: i. Has the plaintiff no. 2 inherited the suit property of Chandmani Osta on his death in the year 1995? ii. Are the plaintiff no. 3, illegitimate children, entitled to any share in coparcenary property of Negi Osta and Bhutka Thakur @ Osta? It is not in dispute that after completion of pleadings, six issues were framed as early as on 24.09.2008. I. Is the suit maintainable in its present form. II. Have the plaintiff valid cause of action for the suit. III. Is the suit bad for non-joinder of necessary parties. IV. Is there unity of title and possession in between the parties. V. Are the plaintiffs entitled to the claimed relief. VI. To what other and further relief or reliefs the plaintiffs are entitled to. Parties have also led their evidence which has been closed in February 2016.
(3.) Defendants however have chosen to move this application on 20.07.2016 seeking addition of two more issues for just decision of the case. Learned counsel for the Defendants / petitioners has sought to justify the prayer on the grounds that pleadings in the plaint together with genealogy enclosed therein and its rebuttal in the written statement of the defendants, are sufficient to show that adjudication of the lis involves determination of these two issues as well. It is submitted that the provisions of Order 14, Rule 5 of Civil Procedure Code do permit the Court also to amend the issues or frame additional issues any time before passing of decree on any such terms, as it may think fit and all such amendments or additional issues for determining the matters in controversy between the parties, shall be made or framed. The Court also can strike out issues before passing a decree, if wrongly framed.;