// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.1005/2008 M/s. Toshniwal Cables through its Partner Shri Mohan Toshniwal (since deceased) through Smt. Hemlata Toshniwal and Another Versus Smt. Ram Dulari W/o late Kameshwar Prasad (since deceased) through her alleged legal heir Smt. Savita Tyagi and Another Date of Order ::: 12.08.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Manish Sharma, Counsel for petitioners Shri Ajay Gupta, Counsel for respondent No.1/1 #### By the Court:- Admit. Shri Ajay Gupta, Advocate, appears for respondent No.1/1. The respondent No.2 is only a formal party, therefore, its service is dispensed with. Heard learned counsel for the parties. The plaintiff-respondent filed a suit for eviction in respect of rented premise against the defendant-petitioner, which is pending in the trial court and during the pendency of the said suit when the matter was fixed for framing of additional issues, the defendants No.1/2 filed an application dated 25th August, 2005 that three // 2 // issues, as proposed by him in the application, may be framed. The trial court refused to accept the prayer of the learned counsel for the petitioner and consequently rejected the application for framing of additional issues vide order dated 24th April, 2007, which is under challenge in this writ petition preferred on behalf of the petitioner. I have considered the submissions of the learned counsel for the parties in the light of the reasons assigned by the trial court for rejecting the application and, after considering the same, I do not find any illegality, perversity or jurisdictional error in the impugned order so as to interfere with the same while exercising the powers under Article 227 of the Constitution. There is no merit in this writ petition and the same is accordingly dismissed with no order as to costs. (Narendra Kumar Jain) J. //Jaiman//