IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 3103 of 2011 Date of decision: 10.5.2011 Jagtar Singh … Petitioner versus Gurmail Singh and others … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. A.K.Garg, Advocate for the petitioner ... ARVIND KUMAR, J: The present petitioner is the plaintiff in the suit titled Jagtar Singh v. Gurmail Singh and others. He is aggrieved with the order dated 20.1.2011 passed by the Civil Judge(Junior Division) Malerkotla by dint of which his application for framing an additional issue has been dismissed. Heard. The purpose of framing issues is that the parties should be appraised of the points for which they are expected to lead evidence so that any prejudice may not be caused to either side on account of absence of any material issues. Rule 5 of Order XIV, Code of Civil Procedure, empowers the Court to amend issues, frame additional issues necessary for determining the matter in controversy at any time before passing of a decree. In the instant case, the plaintiff is seeking declaration that he is owner of the property belonging to Gurdas Singh (since expired) on 23.7.2006 on the basis of Will dated 9.8.2005 executed by him in his favour. The said Will is stated to have been presented before the Halqa Patwari for mutation. The defendants denied execution of any Will by said Gurdas Singh and stated that the alleged Will is a false and forged document which has nothing but a fraud played by the plaintiff. Thus, the dominant issue is alleged Will dated 9.8.2005 executed by Gurdas singh in favour of the plaintif. But there is no issue which has been framed in this context. The case is at the initial stage. In view of this, the revision C.R. No. 3103 of 2011 -2- petition is allowed, impugned order is set aside and the trial Court is directed to frame an additional issue on the basis of the pleadings of the parties referred to above and then to proceed with the case in accordance with law. May 10, 2011 ( ARVIND KUMAR ) JS JUDGE