Civil Revision No.2992 of 2009 (O&M) [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Civil Revision No.2992 of 2009(O&M) Decided on : August 13, 2009 Supinder Singh ... Petitioner VERSUS Sewa Singh ... Respondent CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Jaideep Verma, Advocate for the petitioner. A.N.JINDAL, J.- Challenge in this petition is to the order dated 24.4.2009 passed by Civil Judge (Sr.Divn.), Rupnagar, dismissing the application of the petitioner – defendant (herein referred as `the defendant') for framing of additional issues. Counsel for the defendant has submitted that though the defendant had set up a plea that earlier there was a private partition between the parties, therefore, the suit was not maintainable, yet no specific issue has been framed by the Trial Court, in this regard. The suit is pending since 2001 and the parties have already led their evidence in affirmative and the matter is stated to have been fixed for rebuttal evidence of the defendant. The Trial Court has specifically framed Civil Revision No.2992 of 2009 (O&M) [ 2 ] issue No.1, which reads as under:- “Whether the plaintiff is entitled for possession by way of partition as prayed for? OPP” The issue, which the defendant now seeks to be framed is the rebuttal of issue No.1, therefore, the defendant should have led evidence of private partition in rebuttal to the evidence led by the plaintiff against issue No.1. As regards the issue with regard to the share in the property, the same is covered by the issue of relief. While awarding relief, the Court could specify as to what extent of share, the defendant or the plaintiff is entitled in the property. With the above observations, the petition is dismissed. August 13, 2009 ( A.N.JINDAL ) `gian' JUDGE