1 wp-9152 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.9152 of 2010 Shri Shrikant Shamrao Kale .. .. Petitioner v/s. Mrs.Rutuja Shrikant Kale .. .. Respondent None for Petitioner. Mr.S.D. Rayrikar for Respondent. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 4th March 2011 P.C. : 1.Petitioner and Advocate absent. 2.An order framing an additional issue is sought to be challenged. An additional issue can be framed at any stage under the provisions of Order XIV Rule 4 of the Code of Civil Procedure. The challenge is that it is not material and that the application is delayed. Delay does not matter. The material aspect of the issue is that a prayer for refund of loan taken by the wife and compensation for emotional distress and cruelty is required to be considered. The issue is, therefore, material. 2 wp-9152 3.The order is absolutely correct. The Writ Petition is dismissed. (SMT.ROSHAN DALVI, J.)