IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 220 of 2010. Date of decision: 17.8.2010 Krishan Chand Petitioner. Versus Shyam and another Respondent. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioner: Mr. Suneet Goel, Advocate. For the respondents: Mr. Neeraj Gupta, Advocate. Per Deepak Gupta, J. (Oral) 1. This petition is directed against the order dated 8.4.2010 passed by the learned Civil Judge (Jr. Division) Nadaun, in Civil Suit No. 252 of 2001 titled as Shiama vs. Roshan Lal whereby the application filed by the plaintiff under Order 14 Rule 5 CPC for framing additional issues had been dismissed. 2. The suit was filed in the year 2001. Issues in the suit were framed on 12.10.2004 and the present application was filed in the year 2009 when the suit was fixed for evidence of the defendants. It is contended on behalf of the plaintiff that in fact this was the last opportunity given to the defendants to lead evidence 1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes. 2 and that this application was filed only with a view to get the proceedings adjourned. 3. Without going into this question, the fact is that the suit has been pending for nine years. There is no reason given in the application why such application for framing of additional issues was not filed earlier. Such an application cannot be permitted to be allowed at the fag end of the suit. In any event the first issue claimed by the plaintiff i.e. whether the order of the Naib Tehsildar is binding; is covered by issues No. 2 and 3. As held by the learned trial Court no separate issue is required to be framed in this regard. As far as the second issue claimed is concerned that does not even arise in the suit. 4. In view of the above discussion, I find no merit in the petition which is accordingly dismissed. Since, the suit was instituted in the year 2001 the learned trial Court is directed to ensure that the suit is disposed of latest by 31st October, 2010 even if the same has to be taken up on day to day basis. 17th August, 2010 (Deepak Gupta), J. ™