S.B. CIVIL WRIT PETITION NO.1352/2008 Krishan Lal Vs. Civil Judge (JD), Raisinghnagar & Anr. Date of order : 29th July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Trilok Joshi for the petitioner. --------- 1. Heard learned counsel. 2. By the impugned order dated 1.2.2008 the learned trial Court has rejected the application of the defendant under Order 14 Rule 5 C.P.C. for framing of additional issue in an eviction matter. The learned trial court found that the said application was filed at the fag end of trial to delay the trial and issue sought to be framed by the defendant was vague. 3. Merely writing in the application that they were certain legal defects in the suit was not enough. What was the defect and what was the issue sought to be raised was not specified by the defendant in the said application. The learned trial court, therefore, rejected the application with cost of Rs.50/- in the application filed under Order 14 Rule 5 C.P.C. Though it is not filed as such specifying the Rule, vide Annex.4 in the one page application with the only averment made by the defendant is that there are legal lacunae in the suit. 4. This Court is satisfied that such application was thoroughly misconceived and since no specific defect was pointed out in the plaint averment which was not already covered by the issues framed by the learned trial court, the said application can only be taken to have been filed with oblique motive of delaying the trial. The learned trial court has, therefore, not erred in rejecting the said application under Order 14 Rule 5 C.P.C. 5. This writ petition is misconceived and without merit. The same is accordingly dismissed. [ DR. VINEET KOTHARI ], J. item No.2 babulal/-