M.M.Kumar, J. - (1.)Notice of the revision petition is issued and the same has been accepted by Shri S.S. Chandi, learned counsel for the caveator-defendant-respondents. On the request of learned counsel for the parties, the revision petition has been taken up for arguments.
(2.)This revision petition filed under Section 115 of the Code of Civil Procedure, 1908 (for brevity, the Code) is directed against the order dated 1/2/2002 passed by the Additional Civil Judge (Junior Division), Nakodar dismissing the application filed by the plaintiff-petitioner under Order XIV, Rule 5 read with Section 151 of the Code in which prayer was made for deleting the issue No. 1-B.
(3.)Brief facts of the case leading to the filing of the present revision petition are that the plaintiff-petitioner alongwith another filed a suit claiming that they are owner in possession of the suit land and the mutation sanctioned in favour of defendant-respondents is void as no sale deed in respect of the suit land has been affected by the plaintiff-petitioner. The stand taken by the defendant-respondents in their written statement is they had purchased the land in dispute from the plaintiff-petitioner through a sale deed executed by one Harbans Singh on their behalf who was his power of attorney. The power of attorney is dated 13.11.1992 on the basis of which sale deed has been executed in 1993. However, in the amended written statement, it was pleaded that there was another power of attorney in favour of Harbans Singh executed on 20-8-1971 under which some other land was sold on 11-6-1976 in favour of some other party. The land sold vide sale deed dated 11-6-1976 has not been the subject matter of the dispute. Therefore, an application was moved under Order XIV, Rule 5 read with section 151 of the Code asserting that the issue No. 1-B framed by the Court was absolutely unnecessary and superfluous. A request was made for deleting that issue on the ground that it would be an unnecessary issue and would lead to confusion. The issue No. 1-B reads as under: "Issue No. 1-B "Whether the plaintiff appointed Harbans Singh their attorney vide power of attorney dated 20-8-71, and executed sale deed on the basis of same, if so, its effect? OPD"