1 S.B. Civil Writ Petition No.749/2009 Om Prakash Vs. Inder Jeet Singh DATE OF ORDER : - 27.3.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. Ravi Bhansali, for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner is aggrieved against the order dated 15.1.2009. According to petitioner-defendant he was tenant in the mortgaged property since before creation of the mortgage and, therefore, sought framing for the proper issue, which has been denied by the trial court by impugned order. Whether the plaintiff is tenant in the mortgaged property or not for that issue no.3 has been already framed and if the trial court has declined to frame the issue on the basis of the specific plea that defendant was tenant prior to creation of mortgage because of view that such plea is already included in issue no.3 then there is no prejudice to the defendant-tenant-petitioner as his plea has not been denied. 2 Learned counsel for the petitioner submitted that the defendant sought framing of issue having objection about the non-impleading necessary party and about tender of mortgage money. There was no need to frame issue on these pleas in the facts of the case. There is no merit in this writ petition and the same is hereby dismissed. (PRAKASH TATIA), J. c.p.goyal/-