SANJEEV KUMAR JINDAL @ TONY v. RAKSHA DEVI AND OTHERS
CR/3401/2025 · 2025-05-29
Deepak Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65131 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65131 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 118 CR-3401-2025 Date of Decision.:29.05.2025 Sanjeev Kumar Jindal @ Tony
…..Pe44oner Vs. Raksha Devi and Others
.….Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Kashish Garg, Advocate for the peoner. **** DEEPAK GUPTA, J. (ORAL) Peoner herein is one of the defendants in civil suit bearing No.CS-1289-2025 tled as “Raksha Devi and Others vs. Sanjeev Kumar Jindal @ Tony and others” pending before learned Civil Judge (Junior Division), Bathinda. He is aggrieved by the order dated 05.05.2025 (Annexure P-9) passed by the trial Court, whereby his applicaon for framing of the addional issues has been declined.
2. It is contended by learned counsel that issue with regard to the suit property having been purchased with the nucleus of the joint Hindu Family funds has not been framed owing to inadvertence and therefore, specific issue in this regard was required to be framed.
3. It has been observed by the trial Court in the impugned order that issues were earlier framed on 07.05.2016 (Annexure P-3) and then on 14.08.2019 (Annexure P-5). At that me no other issue was claimed by any of the party. Besides, the issue No.1 to the effect that ‘whether plainff is entled to declaraon as prayed for’, is comprehensive issue and in order to adjudicate the said issue, the Court will have to give a finding as to NEETIKA TUTEJA 2025.05.31 10:02 I attest to the accuracy and integrity of this document
CR-3401-2025 whether the plainffs, defendant No.2 and proforma defendants constuted a Joint Hindu Family or not.
4. To the specific query put by this Court, it is disclosed by
learned counsel that case is at the stage of rebu>al/arguments. Not only this, the order dated 14.08.2019, whereby issues were framed a@er amendment of the pleadings would reveal that it is specifically stated in the said order that no other issue arises or claimed. At that me, the peoner herein did not claim any other issue. The applicaon for framing of the addional issue has been moved when the case has already reached at the final stage.
5. Considering all the aforesaid facts and circumstances, this Court does not find any perversity or illegality in the impugned order. No merits. Dismissed.
( DEEPAK GUPTA ) JUDGE May 29, 2025 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.05.31 10:02 I attest to the accuracy and integrity of this document