Hardev Singh vs Kanwaljit Kaur & Ors
2022 Latest Caselaw 7431 P&H

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

115
                                                  CR-7086-2018
                                                  Date of decision: 21.07.2022


HARDEV SINGH                                         ..Petitioner

                                     Versus

KANWALJIT KAUR AND ORS.                              ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Sandeep Khunger, Advocate for the petitioner.

ANIL KSHETARPAL, J(Oral)

The prayer for recasting the issues has been declined by the trial

Court vide order dated 03.10.2018. A suit for grant of decree of declaration

to the effect that the plaintiff is the owner of her share in the suit property

has been filed. By now, both the parties have led their evidence. The Court

frame out issues in order to inform the parties about the points on which

there is disagreement and evidence is required to be led. While framing

issues, the Court also informs that the onus of proof thereof, falls on which

party. Thus, guiding the parties with regard to their responsibilities. In fact,

framing of issues is an important step which is usually overlooked by the

Court. As per the Code of Civil Procedure, 1908, a distinct and separate

issue of every fact and law asserted by one party and denied by other party is

required to be framed. However, the Court must do so, at the very initial

stage. The trial of the suit, in the present case, is already at the fag end. Only

the arguments are required to be addressed. However, the Court has the

authority to recast the issues even while passing the final judgment.

In this case, notice of motion was issued only with respect to

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the correctness of issue No.3, whereby, a negative onus has been placed

upon the defendant.

Keeping in view the aforesaid situation, the revision petition is

disposed of with an expectation that the Court while deciding the case shall

take note of the observations made above.

All the pending miscellaneous applications, if any, are also

disposed of.

July 21th, 2022                                        (ANIL KSHETARPAL)
Ay                                                           JUDGE

Whether speaking/reasoned                 :      Yes/No
Whether reportable                        :      Yes/No




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