CW NO.5459/2008 (PUNJAB NATIONAK BANK & ORS. VS. SUBODH BIHANI & ANR. DATE OF ORDER 20/8/2008 1/2 S.B.CIVIL WRIT PETITION NO.5459/2008 (PUNJAB NATIONAK BANK & ORS. VS. SUBODH BIHANI & ANR. ) DATE OF ORDER : 20/8/2008 HON'BLE DR.JUSTICE VINEET KOTHARI. Mr.Jagdish Vyas, for the petitioner. 1. Heard learned counsel for the petitioner. This petition is directed against the order dated 27/5/2008, whereby, trial court has rejected the application of the petitioner-defendant under Order 14 Rule 5, whereby petitioner-defendant-bank suggested two additional issues for being framed by the learned trial court in eviction matter. 2. Learned trial court has said in the impugned order that it is not necessary to frame additional issues because the contentions raised by the petitioner- defendant-bank are matters of its defence and these contentions can be raised in the issues already framed by the trial court. As many as 8 issues have been framed by learned trial court on 10/7/2007 including the issue relating to giving notice under the provisions of Transfer of Property Act. Issue no.5 is also about determination of lease under the said notice w.e.f. 20/1/2006, therefore, question of validity of notice is very well covered by these CW NO.5459/2008 (PUNJAB NATIONAK BANK & ORS. VS. SUBODH BIHANI & ANR. DATE OF ORDER 20/8/2008 2/2 two issues. As far as joining of defendant nos. 2, 3, 4 and 5, officials of the bank is concerned they cannot be said to be unnecessary party in the suit and, therefore, framing additional issues was not considered necessary by the trial court. 3. Having heard learned counsel, this Court does not find any reason to interfere with the impugned order. The writ petition is found to be devoid of merit and same is hereby dismissed. (DR.VINEET KOTHARI), J. item no.9 baweja/-