IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 6649 of 2007 UNITED INDIA INSU.CO. LTD & ANR. V/S D.J. SRIGANGANAGAR & ANR. Mr. PR SIKKA, Mr. MANOJ BHANDARI, for the appellant / petitioner Mr. NS ACHARYA, for the respondent Date of Order : 11.10.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- By the impugned order, the learned trial Court has declined the petitioner's application under Order 14 Rule 5, whereby the learned trial Court has declined to frame additional issue. The issue suggested is, as to whether the suit is based on forged and fabricated documents, and is, therefore, not maintainable. While the learned trial Court has observed that issue No.10 originally framed includes the controversy sought to be raised by the additional issue proposed to be framed. In my view, the reasoning is correct. However, it is expressly directed that while proving issue No.10, the petitioner will be entitled to prove the facts, which are desired to be included by getting additional issue framed. In that view of the matter, the writ petition is disposed of. ( N P GUPTA ),J. /tarun/