Civil Revision No.3170 of 2009 [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Civil Revision No.3170 of 2009 Decided on : May 28, 2009 Jaswant Singh ... Petitioner VERSUS Jaswinder Singh ... Respondent CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Baldev Raj Mahajan, Advocate for the petitioner. A.N.JINDAL, J.- This revision petition is directed against the order dated 22.4.2009 passed by Additional District Judge, Amritsar, vide which the application of Jaswant Singh – plaintiff/petitioner (herein referred as `the petitioner') moved before the Appellate Court for framing of some additional issues during pendency of his appeal, was dismissed. In short, the background of the case is that the petitioner filed a suit for joint possession, which was contested and ultimately dismissed on 24.5.2006 by the Civil Judge (Jr.Divn.), Amritsar. Aggrieved against the said judgement, the petitioner preferred an appeal and it was during pendency of the said appeal that he moved an application for framing of some additional issues, which has been dismissed. Civil Revision No.3170 of 2009 [ 2 ] Arguments heard and paper-book perused. The records reveal that both the parties knowing fully well about the framing of the comprehensive issues led evidence and the said evidence was appreciated keeping in view the pleadings, facts and the circumstances of the case, therefore, no specific issue at this appellate stage is required. It appears that the petitioner has moved this application with a sole motive to prolong the litigation on the pretext of leading further evidence. When once the parties knowing fully well about the case of each other, led the evidence and the Court considered the same on all the aspects of the case, then no further issues were required to be framed. It may further be observed that the plaintiff – petitioner never objected to the issues already framed during the trial and he continued with the trial without protest or filing any application for additional issues. No prejudice has been caused by not framing any ancillary issue. In such a situation, he should be treated as having waived his right to claim any additional issue on merits. Resultantly, this petition being devoid of any merit is dismissed. ( A.N.JINDAL ) JUDGE May 28, 2009 `gian' To be Referred to Reporter - Yes/ No