CRP 431/2009 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. RJ Bordoloi, the learned counsel for the petit ioner as well as Mr. SP Roy, the learned counsel for the respondents. The petitioner, who is one of the defendants in Title Su it No.425/2004, by the present application has challenged the order dated 24-09- 2009 passed by the learned Civil Judge, No.3, Kamrup at Guwahati rejecting the p etition filed by him for framing of 2 (two) additional issues. It appears from the said order dated 24-09-2009 passed b y the learned Court below that though the issue, which, according to the present petitioner, ought to have been framed, based on the pleadings of the parties, h ave not been framed, the parties have led evidence on such question of facts. I t also appears from the said order passed that the learned Court below has obser ved that even in the absence of framing any formal issue, the said question can be decided by the Court. It is a settled position of law that even in the absence of any formal issue, if the parties have led evidence in a particular fact, tha t can be decided by the learned Court below in the absence of framing any formal issue. That being the position, no illegality has been committe d by the learned Court below in passing the order dated 24-09-2009, as the learn ed Court below has observed that the said question of fact shall be decided as t he parties have led their evidences. The revision petition is, therefore, dismissed. No cost .