1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.1405/2009 (Dhan Raj Vs. Paras Mal & Ors.) Date of order : 02.03.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Suresh Shrimali, for the petitioner. Heard learned counsel for the petitioner and perused the order dated 19.9.2008 passed by Board of Revenue. The contention of learned counsel for the petitioner is that the order passed by the Board of Revenue is contrary to the prayer made by the respondents in the counter claim. It is contended by learned counsel for the petitioner that earlier issues were framed thereafter an application under Order 14 Rule 5 read with Section 151 CPC was filed by the defendants for framing the issues on the basis of the counter claim. As per learned counsel for the petitioner, the trial Court accepted the prayer with regard to framing issue No.1 as per the prayer made in the application but refused to frame other issues, which is not claimed in the prayer clause of the counter claim. Against the said order passed by 2 S.D.O., a revision petition was filed before the Board of Revenue. The Board of Revenue vide impugned order dated 19.9.2008 passed an order for framing other issues also. In my opinion, for securing ends of justice, if any issue has been ordered to be framed and the Board of Revenue has chosen to direct the trial Court to frame the issue which goes to the route of the matter, then, no case for interference is made out under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed. (GOPAL KRISHAN VYAS), J. arun