1 S.B. CIVIL WRIT PETITION NO.1260/2008 [CHIRANJI LAL VS. ADJ. DEEDWANA & ORS.] Date of order : 17th July, 2008 HON'BLE DR. JUSTICE VINEET KOTHARI Mr.Hemant Jain for the petitioner. --------- Heard learned counsel for the petitioner. This petition is directed against the order dated 02.02.2008 whereby the learned trial court has rejected the application of the defendant for framing of the additional issue under Order 14 Rule 5 CPC. Learned counsel for the petitioner defendant submits that the additional issue sought to be framed was as to whether there were legal deficiencies in the suit filed by the plaintiff and whether the suit being not instituted in accordance with law was liable to be dismissed. Having heard learned counsel for the petitioner, this Court is of the opinion that the said issue does not involve any factual aspects requiring any evidence and being a matter of arguments on the basis of issues already framed. The learned trial court is bound to decide 2 the suit in accordance with law. The rejection of the application by the learned trial court is found to be justified. The writ petition is devoid of any merit and is dismissed accordingly. [ DR. VINEET KOTHARI ], J. item No.12 mamta