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2025 DAILYLAW 129058 (ALL)

MOHAN LAL AND 5 OTHERS v. SMT. LALITA

A227/1499/2025 · 2025-03-26

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17360 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1499 of 2025 Petitioner :- Mohan Lal And 5 Others Respondent :- Smt. Lalita Counsel for Petitioner :- Durga Prasad Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner. 2. The present petition has been filed challenging an order dated 29.01.2025, whereby an order was passed on the application filed by the petitioner that the trial court had erred in deciding the lis on six issues, whereas issue No.7 should have been framed. A request was made for framing issue No.7 in exercise of power under Order 14 Rule 5 of the CPC. 3. Considering the fact that the power of appellate court for framing the additional issues, if the occasion so arises, is prescribed under Order 41 Rule 25 CPC. The application under Order 14 Rule 5 CPC itself was not maintainable. Even otherwise, the appellate court has rightly held that the issue as sought to be framed was a part of issue No.1, which has been decided. 4. No good ground for interference is made out. 5. Accordingly, the petition is dismissed. Order Date :- 26.3.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench