Civil Revision No. 7003 of 2010 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 7003 of 2010 Date of decision: March 08, 2011 Sh. Ram Mehar …..Petitioner Versus Sh. Puran Chand and others …...Respondents CORAM : HON’BLE MR. JUSTICE A.N. JINDAL Present: Mr. Amit Jain, Advocate, for the petitioner. Mr. Rampal Verma, Advocate, for Mr. Rajiv Sharma, Advocate, for the respondent Nos. 1 to 4. **** A.N. JINDAL J. This petition assails the order dated 09.10.2010 (Annexure P-4) passed by the Additional Civil Judge (Senior Division), Gurgaon, whereby the prayer of the plaintiff-petitioner (hereinafter referred to as ‘the petitioner’) for framing additional issue regarding declaration of civil death of Smt. Javitri Devi on the basis of amended plaint, was dismissed. In view of the amended pleadings, the petitioner wanted the Court to frame the following additional issue:- “Whether Smt. Javitri having not been heard off for the last seven years, is liable to be declared as ‘civil dead’?” The said application was dismissed by the trial Court. Civil Revision No. 7003 of 2010 - 2 - As a matter of fact, previously also an issue to this effect was framed, which reads as under:- “Whether suit of the plaintiff is not maintainable as Smt. Javitri is still not alive and that the plaintiffs are in possession? OPD” The onus of this issue was upon the defendants. Thus, the petitioner had every right to lead evidence in order to rebut the evidence led by the defendants on this issue. Though this issue is in different language and is not properly worded, but it also conveys the same controversy, “whether Smt. Javitri is not alive and is not heard off and is civilly dead?” As such, this petition is dismissed with a direction to reframe the aforesaid issue and by placing the burden to prove the said issue according to law and the petitioner would be at liberty to lead evidence with regard to civil death of Smt. Javitri Devi accordingly. (A.N. JINDAL) March 08, 2011 JUDGE ajp