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2022 YLR 1678

Suit for recovery of dowry articles โ€” Framing of issues โ€” Scope โ€” Plea raised belatedly โ€” Respondent ( wife ) filed a suit for recovery of dowry articles wherein she , inter alia , claimed the return of a vehicle โ€” Family Court framed a generalized issue regarding the entitlement of respondent to claim dowry articles โ€” Suit was decreed โ€” During pendency of appeal , petitioner ( husband ) filed an application for framing additional issues regarding the ownership of vehicle โ€” Appellate Court dismissed the application while holding that findings of Family Court on the issue comprehensive and no additional issue was required to be framed โ€” Validity โ€” Vehicle in question was registered in the name of petitioner โ€” Question whether was sold off to the petitioner or was given by the father of respondent as part of dowry articles had already been dealt with by the Family Court โ€” No sale receipt was produced by the petitioner to show that it was a sale โ€” Petitioner had not denied that transfer of vehicle was made immediately after the marriage was contracted โ€” Very fact that no application for framing of additional issues was filed during 3 years of pendency of suit and one and a half year of the pendency of appeal showed that petitioner had raised the plea after a fatal delay โ€” Writ petition was dismissed .

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