C.R. No. 7306 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 7306 of 2009 Date of Decision: December 10, 2009 Mahabir Jain Kanya Pathshala Trust, Bhiwani and others …..Petitioners Vs. Daya Krishan and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Alok Jain, Advocate for the petitioners. -.- M.M.S. BEDI, J. (ORAL) Vide impugned order, the application filed by the defendant- petitioners for framing of additional issue has been dismissed by the trial Court in a petition under Section 74 of the India Trusts Act, 1882 filed by the respondents. The Court is required under Order 14 Rule 3 CPC to frame issues from the allegations made in the pleadings. Order 14 Rule 5 CPC, as amended by 2002 amendment of CPC reads as follows:- C.R. No. 7306 of 2009 [2] “14 (5) Power to amend and strike out issues:- (1) The Court may at any time before passing a decree amend the issues or frame additional issues on such terms as it thinks fit, and all such amendments or additional issues as may be necessary for determining the matters in controversy between the parties shall be so made or framed. (2) The Court may also, at any time before passing a decree, strike out any issues that appear to it to be wrongly framed or introduced.” Order 14 Rule 5 CPC enables a Court at any time before a decree is passed to amend the issues or frame the additional issues, if these are necessary to determine the matter in controversy between the parties. Attention of this Court has been drawn to the reply filed by the defendant- petitioners, wherein a specific preliminary objection has been raised regarding the non-joinder of the parties. For the joinder of plaintiffs and defendants, there is a specific provision in CPC enshrined in Order 1 Rule 1 CPC and Order 1 Rule 3 CPC. In view of the specific preliminary objection taken in the written statement and the stage of the case when the defendants’ evidence has not even been started, the trial Court ought to have framed the additional issue taking into consideration the preliminary objection No.2 taken in para 2 of the written statement. The impugned order dated November 11, 2009, in view of above observations, is not sustainable in the eyes of law and is hereby set C.R. No. 7306 of 2009 [3] aside. The trial Court is directed to frame the additional issue taking into consideration the pleas taken in the preliminary objections of the written statement. Disposed of in limine, in the interest of justice. December 10, 2009 (M.M.S.BEDI) sanjay JUDGE