1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.7752 of 2005. Smt. Julekha wife of Shri Asth Ali & Others VERSUS Abdul Gani son of Shri Labdi Khan & Others Date of Order :::: 19/08/2009 Hon'ble Mr. Justice Dalip Singh Mr. Manish Acharya, Counsel for the Petitioners Mr. Mukesh Agarwal, Counsel for the Respondents Per Court : Heard learned counsel for the parties. Perused the impugned order dated 03.08.2005 (Annexure-2) by which the application submitted by the defendants for the amendment of the issue under Order 14 Rule 5, C.P.C. has been rejected. The application has been filed on the premise that after the investigation the Police has not filed any challan against the petitioner-defendants, in that view of the matter, the Issue No.1 ought to be amended and should be confined to only those defendants against whom the challan has been filed. The learned trial Court has rejected the aforesaid application and in my view rightly so. The defendant-petitioners may take an advantage of the fact that the petitioner has been 2 absolved in the criminal proceedings after the investigation. That fact may be placed on record by the defendants by leading evidence in that behalf. The defendants will be at liberty to take whatsoever advantage of the aforesaid fact during trial in accordance with law. However, no case for amending the issue is made out as prayed. This writ petition as well as stay application are accordingly dismissed summarily. (Dalip Singh) J. ashok/