SBCWP NO.2433/2007– JAWARI LAL V/S ADJ (FT) NO.3, JODHPUR AND ORS. . : ORDER DATED 26.8.2008 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.2433/2007 Jawari Lal versus Additional Dist. Judge (F.T.) No.3, Jodhpur and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.J.K.Bhaiya, for the petitioner Mr.S.D.N.Bhatt, for the respondents. DATE OF ORDER : 26th AUGUST, 2008. O R D E R 1. Heard the learned counsels for the parties. 2. This petition is directed against the order dtd.24.3.2007 whereby the learned trial Court rejected the application of the plaintiff under Order 14 Rule 5 C.P.C. seeking additional issue about the adverse possession in a suit for specific performance. SBCWP NO.2433/2007– JAWARI LAL V/S ADJ (FT) NO.3, JODHPUR AND ORS. . : ORDER DATED 26.8.2008 2/2 3. The learned counsel for the petitioner has pointed out that such alternative plea was raised by him in the plaint, which has been denied by the defendant and therefore, the issue ought to have been framed on the said plea. 4. Having heard the learned counsel and in the facts and circumstances of the case, this Court is of the opinion that the learned trial Court has erred in rejecting the application under Order 14 Rule 5 C.P.C. and accordingly this writ petition is allowed and the impugned order dtd.24.3.2007 is set aside and the additional issue with regard to adverse possession may also be framed by the learned trial Court and the trial may proceed. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.38 Ss/-