S.B.CIVIL WRIT PETITION NO.2464/2009 (Bheema Ram vs. Bharat Kumar) DATE OF ORDER : 1/5/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Suresh Shrimali, for the petitioner. Heard learned counsel. By the impugned order dated 17/2/2009 the learned trial court has rejected the application under Order 41 Rule 25 CPC filed by the defendant petitioner for framing the additional issue in the suit of eviction filed against him under Section 106 of Transfer of Property Act. The issue no.1 already framed by the learned trial court is as to whether the plaintiff is entitled to get the eviction decree of the suit premises against the defendant or not. This issue, in the opinion of this Court, covers and includes the issue relating to the validity of notice under Section 106 of Transfer of Property Act, therefore, the learned trial court cannot said to have committed any error in rejecting the application to frame additional issue. Accordingly, the writ petition is found to be devoid of merit and same is accordingly dismissed. (DR.VINEET KOTHARI), J. item no.2 baweja/-