1 S.B.CIVIL WRIT PETITION NO.5957/2007 Chena Ram v. Bheru Ram Date of Order :: 19th September, 2007 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. S. R. Soni for Mr. I. R. Choudhary, for the petitioner. Mr. Vineet Jain, for the respondent. .... The Civil Judge (S.D.) Makrana, by an order dated 20.8.2007 rejected an application preferred by the petitioner under Order 14 Rule 5 CPC for framing an additional issue. While challenging the order aforesaid the contention of counsel for the petitioner is that the issue sought to be framed by the petitioner is relating to the accrual of cause of action to the petitioner, thus, it goes to the root of matter, hence the trial court should have allowed the application. I do not find any substance in the contention so raised. Learned trial court in quite unambiguous terms held that whatever facts pleaded by the applicant petitioner on basis of which he want framing of additional issue can very well be placed on record while contesting the issues No.1 and 2. The 2 issues already framed are on record as Anx.3. From perusal of the issues No.1 and 2 it is apparent that while contesting the issues No.1 and 2 the petitioner shall be having ample opportunity to place all necessary facts to prove that no cause of action was available for filing the election petition. In view of it, the order impugned does not suffer from any error that may warrant interference of this Court under Article 227 of the Constitution of India. Accordingly, this petition for writ is dismissed. ( GOVIND MATHUR ),J. Kkm/ps.