-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.2140 of 2010. Rambabu Meenakar son of Shri Nathu Lal Meenakar VERSUS Gopal Lal son of Shri Durga Lal Sharma Date of Order :::: 17th February, 2010. Hon'ble Mr. Justice Dalip Singh Mr. D.D. Patodiya, Counsel for the Petitioner *** By the Court : Heard learned counsel for the petitioner. Perused the impugned order dated 05.11.2009. The order has been passed on the application dated 04.12.2004 filed under Order 14 Rule 5 of the Code of Civil Procedure, 1908 by the plaintiff-petitioner for amendment of the issue and deleting the Issue No.3-A. The learned trial Court has taken into consideration the fact that on the application submitted by the defendant under Order 14 Rule 5 C.P.C. an order came to be passed on 03.07.2000 whereby the Issue No.3-A was framed by the learned trial Court in the suit after hearing the parties. The said issue reads as follows : -2- ''आया ǒववाǑदत सàपित अǒवभाǔजत होने से, ूितवादȣ को बेचने का हक नहȣं है अत: दावा िनरःतणीय है? The aforesaid order dated 03.07.2000 was not challenged by the plaintiff in any writ or revision petition. The learned trial Court has, therefore, held that the petitioner had the option of challenging the aforesaid order in any superior forum, but has failed to do so and has instead moved the present application on 04.12.2004 after four-&-half years before the learned trial Court only to delay the matter. The learned trial Court is of the view and in the facts and circumstances rightly so that the plaintiff is only interested in delaying the proceedings of the suit. The present suit was filed in the year 1986 and till now even after 14-years no evidence has been recorded. Thus, the view taken by the learned trial Court cannot be said to be erroneous. In the facts and circumstances of the case, I find no reason to interfere in the writ jurisdiction with the impugned order as the application is prima-facie an abuse of the process of the Court. The writ petition is accordingly dismissed summarily. (Dalip Singh), J. Ashok/