CR No. 6670 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 6670 of 2008 Decided on : 03-12-2008 Harbans Lal ....Petitioner VERSUS Sh. Nathu and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Deepak Sharma, Advocate for the petitioner. MAHESH GROVER, J This revision petition is directed against the order dated 15.11.2008 by which the prayer of the petitioner for framing an additional issue regarding the property being ancestral in nature has been declined. It was contended by the learned counsel for the petitioner with reference to the plaint that the fact has been specifically pleaded, apart from the fraud which has been alleged in the execution of the gift deed but due to inadvertence this aspect of the matter that the property is ancestral an issue could not be framed. Further contends that the petitioner would not adduce any oral evidence if one opportunity is granted after framing of the additional issue and the petitioner will produce only documentary evidence. After hearing, learned counsel for the petitioner, I am of the considered opinion that the present petition can be disposed of at this stage without issuance of notice of motion as resorting to this process is likely to delay the proceedings in the suit further and also keeping in view the fact CR No. 6670 of 2008 2 that equitable justice can be ensured by compensating the other side with costs. A perusal of the plaint shows that the fact has been specifically pleaded that the property was ancestral in nature. Therefore, if the issue is struck regarding the property being ancestral or not it will only be in conformity with the pleadings. Having regard to this it is deemed appropriate to direct that an additional issue be framed regarding the nature of the property being ancestral or not and the petitioner shall be granted just one effective opportunity to produce documentary evidence in support of such an issue. The Trial Court shall frame an additional issue within one week from today and thereafter give one effective opportunity to the petitioner to produce his documentary evidence and another opportunity to the respondent to lead evidence to the contrary. It is made clear that no further opportunity shall be given to the petitioner. Revision petition is accepted, however, subject to payment of Rs.10,000/- as costs. December 3 , 2008 (Mahesh Grover) rekha Judge