1 S.B. Civil Writ Petition No.3703 of 2009. Man Mohan Dhamu son of Shri Hari Ram Dhamu Versus Parmeshwar Nath Bohara son of Shri Swaroop Narayanji Bohra and Another IN THE HIGH COURT OF JJDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.3703 of 2009. Man Mohan Dhamu son of Shri Hari Ram Dhamu Versus Parmeshwar Nath Bohara son of Shri Swaroop Narayanji Bohra and Another Date of Order :::: 31/07/2009 Hon'ble Mr. Justice Dalip Singh Mr. Anil Mehta, Counsel for the Petitioner Mr. Ashok Kumar Choudhary, Counsel for the Respondents Per Court : Heard learned counsel for the parties. The petitioner has challenged the order dated 21.02.2009 by which the application submitted under Order 14 Rule 5, C.P.C. for amendment of the issue and framing the issue with regard to the title of the plaintiff has been rejected. When the matter came up previously, the learned counsel for the plaintiff submitted that the aforesaid issue is covered vide Issue No.1 and, therefore, the issue, as proposed by the defendant-petitioner is not required to be 2 S.B. Civil Writ Petition No.3703 of 2009. Man Mohan Dhamu son of Shri Hari Ram Dhamu Versus Parmeshwar Nath Bohara son of Shri Swaroop Narayanji Bohra and Another framed. Today, the learned counsel for the respondent- plaintiff has produced before this Court the copy of the issues, wherein Issue No.1 has been framed, which reads as under : È या वाद मɅ अंǑकत कारणɉ से ǒवƮान अपर ǔजला Û यायाधीश सं.5 जयपुर नगर Ʈारा वाद संÉ या 57/98 मɅ पाǐरत िनण[य व Ǒडबȧ Ǒद. 23.5.2000 व उÈ त Ǒडबȧ कȧ इजराय सं. 28/05 के तहत ूितवादȣ सं. 1 के प¢ मɅ उÈ त Û यायालय Ʈारा िनं पाǑदत कराया गया ǒवबय पऽ, सेल-अमीन Ʈारा कÞ जा वारंट बाबत कȧ गई काय[वाहȣ वादȣ के अिधकारो के ूित ǒविध ǒवǾƨ व ूथावशुÛ य है The defendant, on the other hand, has proposed the framing of the following issue, which has been rejected by the learned trial Court. The said proposed issue reads as follows :- È या वादȣ वादमः त सà प× ि◌त का मािलक है और उसे ǒववादमः त सà प× ि◌त के ǒवषय मɅ दावा करने का अिधकार ूाÜ त हɇ A look at the Issue No.1, which has been framed in the present suit goes to show that it is not specific so far as the question of the right of the plaintiff to file the suit based upon title is concerned. In the facts and circumstances, therefore, the writ petition deserves to be allowed and it is directed that the 3 S.B. Civil Writ Petition No.3703 of 2009. Man Mohan Dhamu son of Shri Hari Ram Dhamu Versus Parmeshwar Nath Bohara son of Shri Swaroop Narayanji Bohra and Another proposed issue, as incorporated in the impugned order dated 21.02.2009 while deciding the application of the defendant- petitioner under Order 14 Rule 5, C.P.C. be framed by the learned trial Court. Learned counsel for the plaintiff also sought to raise certain submissions with regard to the framing of certain issues. So far as the prayer of the learned counsel for the plaintiff non-petitioner is concerned, suffice it to say that the plaintiff is free to move an application before the learned trial Court in this behalf. Subject to the above, the writ petition stands disposed of, as above. (Dalip Singh) J. ashok/ 4 S.B. Civil Writ Petition No.3703 of 2009. Man Mohan Dhamu son of Shri Hari Ram Dhamu Versus Parmeshwar Nath Bohara son of Shri Swaroop Narayanji Bohra and Another