1 SB Civil Writ Petition No.5178/2008 Dilip Kumar. vs. Addl. District Judge, Abu Road & Anr. S.B. Civil Writ Petition No.5178/2008 Dilip Kumar. vs. Addl. District Judge, Abu Road and another. Date : 7.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.S Surana, for the petitioner. - - - - - Heard learned counsel for the petitioner. After going through the impugned order dated 13.5.2008 by which the petitioner's two applications – one under Order 41 Rule 25 CPC and another under Order 6 Rule 17 CPC were rejected, I do not find any reason to entertain this writ petition to challenge the order dated 13.5.2008 passed by the first appellate court. The petitioner will be free to challenge the impugned order in the further appeal, if needed and the appellant, if has raised the grounds before the first appellate court in memo of appeal 2 SB Civil Writ Petition No.5178/2008 Dilip Kumar. vs. Addl. District Judge, Abu Road & Anr. and can challenge the order of the trial court by which his application for framing of issue was rejected by the trial court, then he may press the point before the first appellate court and any other point which he legally can argue before the first appellate court. In view of the above, this writ petition is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya