Kanhaiyalal vs Godai

Bela M. Trivedi, J.—The present writ petition has been filed by the petitioners-plaintiffs, challenging the order dt. 18.04.2001 passed by the Additional Civil Judge & Judicial Magistrate (Jr. Division) East, Jaipur City, Jaipur (hereinafter referred to as "the trial Court"), whereby the trial Court has partly allowed the application of the petitioners seeking recasting of the issues by deleting Issue Nos. 1, 5 & 11 and adding one more issue as the Issue No. 12. It is submitted by the learned counsel Ms. Aaradhna Chaturvedi for the petitioners that the petitioners are claiming the right over the suit property on the basis of the registered sale deed dt. 12.07.1960 executed by Rai Sohanlal and Rai Brijlal in favour of the late Shri Kanhaiyalal, father of the petitioners, and hence, the burden to prove the Issue Nos. 1, 5 & 11 could not be imposed on the plaintiffs. According to her, the said issues are not necessary for deciding the real controversy between the parties, And therefore, the same deserves to be deleted.

At the outset, it is required to be stated that the predecessor of the petitioners had filed the suit against the respondents in the year 1972, and the impugned order passed by the trial Court in April 2001. It further transpires that the present petition has remained pending before this Court for about 13 years, without any substantive progress Be that as it may, the impugned order passed by the trial Court not accepting the prayer of the petitioners for deletion of the Issue Nos. 1, 5 & 11 being discretionary in nature, this Court is not inclined to interfere with the same. As rightly observed by the trial Court the issues are framed on the basis of the pleadings of the parties, and the trial ''Court has framed the issues accordingly. In that view of the matter, the impugned order being just and proper, the present petition deserves to be dismissed, and is accordingly dismissed.