Additional Issues If Necessary Can Be Framed At Any Point Of Time In Trial: Punjab & Haryana High Court

The bench comprising Justice Alka Sarin however, upheld the Trial Court's order stating that the issues already framed are broad enough to cover the entire controversy in issue.

The court noted that the suit for possession and permanent injunction was filed in 2015 and the issues were framed in 2016. A perusal of the order dated 19.09.2016 reveals that besides the issues framed by the Court no other issue was presented or claimed. Thereafter, the parties led their evidence, and at the stage of arguments, the present application for framing an additional issue was moved which was dismissed.

The court further noted that a perusal of the impugned order reveals that the Trial Court has held that issue No.1 was wide enough to cover the entire controversy on all parameters.

It was the case of the petitioners that the evidence qua the issue sought to be framed has already been led and hence framing of an additional issue would not amount to delay of proceedings.

While the Court agreed that it is trite that an additional issue can be framed at any point of time, however, it observed that in the present case firstly, both the parties were fully aware about the controversy involved in the suit and have led evidence to prove their respective pleas. Issue nos.1 and 2 are broad enough to cover the entire controversy in issue.,

Therefore, it upheld the trial court order and dismissed the plea.