// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.7327/2007 Dr. Vandana Bajaj W/o Dr. Ravi Bajaj Versus Shri Rahul Narang s/o late Shanti Swaroop Date of Order ::: 07.07.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Suresh Sahni, Counsel for petitioner #### By the Court:- Heard learned counsel for the petitioner. Plaintiff-respondent filed a suit for partition in respect of disputed property in the trial court wherein the defendant-petitioner filed its written-statement. The trial court framed two issues on 9th May, 2007. The defendant filed an application dated 23rd May, 2007 under Order 14 Rule 5 CPC for amendment of the issue. The said application was rejected by the trial court vide order dated 27th August, 2007 (Annexure-6), which is under challenge in this writ petition filed on behalf of the defendant. The learned counsel for the petitioner contended that the defendant took a specific plea in Para 6 of the written-statement that the defendant is the sole owner of the disputed // 2 // property and the said fact has not been taken into consideration by the trial court while framing the issue, therefore, the same may be considered. The said submission was made before the learned trial court also and the learned trial court has considered the same and observed that the burden to prove issue No.1 is on the plaintiff and there is no need to frame any other or further issue in respect of defence of the defendant. Even otherwise the defence of the defendant will be taken into consideration by the trial court while deciding issue No.1. In view of the above, I do not find any illegality, perversity or jurisdictional error in the impugned order passed by the trial court so as to interfere with the same. There is no merit in this writ petition and the same is accordingly dismissed with no order as to costs. (Narendra Kumar Jain) J. //Jaiman//