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2022 YLR 1678

Suit for recovery of dowry articles — Framing of issues — Scope — Plea raised belatedly — Respondent ( wife ) filed a suit for recovery of dowry articles wherein she , inter alia , claimed the return of a vehicle — Family Court framed a generalized issue regarding the entitlement of respondent to claim dowry articles — Suit was decreed — During pendency of appeal , petitioner ( husband ) filed an application for framing additional issues regarding the ownership of vehicle — 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 — Validity — Vehicle in question was registered in the name of petitioner — 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 — No sale receipt was produced by the petitioner to show that it was a sale — Petitioner had not denied that transfer of vehicle was made immediately after the marriage was contracted — 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 — Writ petition was dismissed .