S.B. CIVIL WRIT PETITION NO.5950/2008 Ram Prakash Vs. Anil kumar & Anr. Date of order : 21st August, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. N.K. Rastogi for the petitioner. --------- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 13.5.2008 whereby the learned trial court rejected the application of the defendant under Order 14 Rule 5 C.P.C. seeking additional issues in the money recovery suit filed by the plaintiff against him. The learned counsel for the petitioner-defendant urged that the learned trial court could not have refused the said application merely because the same was filed at the stage of defendant's evidence and also because the issues framed by the trial court were only pertaining to cash deposited by the defendant and not with the cheque transactions with Shambhu & Company, the firm of the father of defendant. 3. Having heard learned counsel, this Court finds that the learned trial court has not committed any error in rejecting the application under Order 14 Rule 5 C.P.C. because the additional issues sought by the defendants are already covered by the issues framed by the learned trial court on which the plaintiff has led his evidence. Whatever the defendant has said in the application under Order 14 Rule 5 C.P.C. is a matter of his defence and the evidence which he can lead on the issues already framed. The additional issues sought to be framed are covered by the issues already framed and, therefore, there was no requirement of framing any additional issues further delaying the trial in the matter. 4. The writ petition is found to be devoid of merit. The same is accordingly dismissed. [ DR. VINEET KOTHARI ], J. item No.10 babulal/-