^FT'f^N ^"^T^T $f»*li<=b T^^Tpn^", ^>T{|yli<o, fcj^i-y^i ^Wvt[ tbNlcb -^ 200 3n^yr xny^ (y^^) '^TTW^ter ^TT^r SIN6LE BENCH: HON'fiLE JUSTICE DHIRENDRiA MISHRA W.P. [3 Petitioner Oefendant No.l Vs Respondents/ PJaintjffs 1 to 3 1 to^ befendant No.2 0404.2008 Mr. Raja Sharma, Advoca^-e for the petitioner* Heard. The petitioner has quest|oned order dated 5.3.2008 (Anne^ure bistrict Judge, Mahasamund petitioner/defendant No.l file|d framing of ddditional issues by chl^I<n41l 'RP^Jf '^\'fe1^ <fa^l< ^3fRTH^?T^r 271 N0.1999/08 5mt.|Bela Bai. Aged About 70. Wd/o Martiji Masih, (wrongly all^ed as Rango w/o ^ohn Bhima Panjgrahi), Tliana Para, Baghttdiara. Mahasamund. 1. S.IPrakash, 69 Yrs, Near HimachalIce F^tory, Teljbandha, Rayigram, Raipur. 2. A.rPrakash, 65 Yrs., SM 23, Shiv M<|uidir Lane, Avanti Vihar, PO fta^igram. Raipur. 3. Sn|it. Usha Rani Powel, 56 Yrs. Wd/o La^e J. Powel, Jhalap Square, Babhbadhara, Disn. Mdio^amund. \/s 'hiherLate Martin Masih. 4. Ji-fendra Singh Rajput, 37 Yrs., 5/o Ho|rilal Singh, Ward 7, Baghbahara, Mdhdsamund. the legaljty, validity & propriety of P-1) whereby tearned Additional has rejected the application of the under Order 14 Rule 5 of CPC for mposing a cost of Rs.1,000/- and allowed ^—~XI-H|:—78 ^FT'R^NT i^T^TT^T $h+iict» 3^" ^||-M|<»!i-4, ^^'16, is|<r'»l^^< ^l^dl *^|cb "^ 200 3^?T X^TEF (^df^<ysT) '^ITW^feT ^rTT^T -z^ the application of respondents CPC, posted the matter for defendant No.l to remain pres^nt evidence of the plaintiffs, Learned counsel for th4 prayed for frdming of addition|xl written statement of the deferjdoint right of respondent No.3-Smt.| Hinduism and appeal at the in^tance plaintiff No3 is pending in th^ issue, as the pldntiffs are b|>und appeal. The court betow allowingl under Section 151 of CPC direc'te< present in person at the time| witnesses, which is not permiss(ble of the party to be represented (t-hrough I have heard learned cou(i The ptaintiffs have file<| deed executed by petitioner/|iefendant No.2 is illegal omd void and dej from undertaking any constr^d cbl^f<n<fll *11<4<vff 'ff.fe^ iFai^K ^3?tRTH^n^T Mo.l to 3/plaintiffs under Section 151 of evidence and directed the petitioner/ in person at the time of recording of petitioner submits that the petitioner issues on the basis of pleadings in the No,l wherein she has questioned the Usha Roni Powel as she has converted to of plaintiff No.l & 2 against the court of Upper Collector on the sa.me by their pleadings in the pending the application of rcspondent No.l to 3 |ed the petitioner Smt. Bela Bai to remain of recording evidence of the plaintiffs' as in the civil matters it is the choice theircounsel. ^sel for the parfries. the suit for declaration-Hiat the sale No.l in favour of defendcmt Fenddnt No.2 be permanently rcstrained lction over the disputed loaid cuid the ^y% If ^sg^ g '^^^^ —78 ^ ^i<=h FI^T $f>+licti ^ 3^ET ^|q|0A|, ^TO^'Ko, isl<?l»iy^< *41*<dl <b^l<b "V^ 200 3T^?T XHW (<i^lc<<^) '^HW^f^T ^TT^T -•3- chl€(f<rt<fll'W^ ^fe^ <Fal^« ^ 3?iRpr ^n^r pos^ssion of the land transfe^red by the petjtjoner be directed to be given to the respondents/plain^iffs. The court below rejecte^l Ihe application of the petitioner herein for framing addstional issues wi is neces^ary as by the decision After perusal of the is^ th an observation that no additional issue of the issues which have been framed the suit would be decided complet^iy dnd the application has been filed with a purpose of delaying the proc^edings. ues (Annexure P-5) framed by the trial court, this Court is satjsfied ijiat the controversy between the parties could be finally adjudioated by jriie decision of the issues so framed, So far as the trial cour^ directing the petitioner/defendant No.l to rcmain present jn person at plaintiff is concerned, it is 01 remain present personally or recording evidence of the plair^tiffs and her personal oppearonce ccinnot be insisted upon. Witii the aforesaid dire disposed of. the time of recording of evidence of the •en to 1+ie petitioner/defendtmt No.l to through her counsel at the time of ;tions & observations, -^e petition stands Sd/- Dhirendra Mishra Judge