Rajasthan High Court
CW/11547/2026 of RAJENDRA KUMAR S/O SH. RAMGOPAL Vs MOHANLAL W/O LATE KANHAIYALAL on 19 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11547/2026 CNR: RJHC020603322026 | URN: CW / 25552U / 2026 Rajendra Kumar S/o Sh. Ramgopal, Aged About 62 Years, Resident of Purani Anaj Mandi, Gangapur City, Dist. Sawai Madhopur (Raj). ----Petitioner Versus 1. Mohanlal W/o
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11547/2026
CNR: RJHC020603322026 | URN: CW / 25552U / 2026
Rajendra Kumar S/o Sh. Ramgopal, Aged About 62 Years, Resident of Purani Anaj Mandi, Gangapur City, Dist. Sawai Madhopur (Raj).
----Petitioner
Versus
1.
Mohanlal W/o Late Kanhaiyalal, Aged About 62 Years, R/o Somnath Chowraha, Near Meen Bhagwan Mandir, Dausa.
2.
Chiranjilal S/o Late Kanhaiyalal, Aged About 52 Years, R/o Village Seekrauli, Tehsil Bamanwas.
3.
Prahlad @ Rajesh S/o Mohanlal, Aged About 42 Years, Somnath Chowraha, Near Meen Bhagwan Mandir, Dausa.
4.
Kamlesh S/o Mohanlal, Aged About 37 Years, R/o Somnath Chowraha, Near Meen Bhagwan Mandir, Dausa.
5.
Ramgopal S/o Kishanlal, Aged About 67 Years, R/o Purani Anaj Mandi, Gangapurcity.
----Respondents
For Petitioner(s)
:
Mr. Govind Prasad Kaushik
For Respondent(s)
:
HON'BLE MR. JUSTICE SUDESH BANSAL
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Order
19/08/2026
1. Petitioner is plaintiff and by means of filing instant civil writ petition under Article 227 of the Constitution of India, has challenged the order dated 07.05.2026 passed in Civil Suit No. 45/2019 by the Civil Judge, Gangapur City, District Sawai Madhopur, disposing of his application under Order 14 Rule 5 CPC with observations to have an opportunity to raise his stand in respect of the additional issue during course of evidence and at the time of final arguments.
2. Having heard counsel for petitioner and from perusal of the record, it appears that petitioner has filed civil suit for
(2 of 3) [CW-11547/2026] cancellation/declaration of a gift deed dated 13.08.1969. Petitioner’s evidence has concluded and suit is pending at the stage of recording defendants' evidence. At this stage, petitioner moved an application under Order 14 Rule 5 CPC seeking to frame an issue in respect that no consent by the Donee Late Smt. Gulab Bai was extended to accept the gift deed in question dated 13.08.1969 and this application has been disposed of by the trial Court vide order impugned.
3. Counsel for petitioner submits that additional issue sought to be framed is based on the plea, which has already been pleaded in the plaint and sufficient pleadings are already available on the record of trial Court, however, since the specific issue has not been allowed to be framed, petitioner has an apprehension that plaintiff shall not be permitted to ask questions in the cross- examination from the defendants and their witnesses, more particularly, in respect of the fact on which additional issue has been prayed to be framed.
4. This Court finds that in light of the observations made by the trial Court in the order impugned, petitioner has such liberty to ask questions from the defendants and their witnesses in this respect, however, it is further made clear that defendants and their witnesses, which are yet to appear from the side of defendants, petitioner would get opportunity to put questions in their cross-examination in respect of the fact for which additional issue has been sought to be framed and pleadings have already been made by the party.
(3 of 3) [CW-11547/2026]
5. With aforesaid clarification/observation, but without interfering with the impugned order, instant writ petition stands disposed of.
6. Stay application and other pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J 9/NITIN