1 S.B. CIVIL WRIT PETITION NO.166/2008 Dhuri Lal vs Vallam Ji & Anr. DATE OF ORDER : -18.1.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Shambhoo Singh,for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner is aggrieved against the order of the trial court dated 23rd Nov., 2007 by which the petitioner's application filed under Order 14 Rule 5 CPC for framing additional issues was rejected. According to learned counsel for the petitioner, the petitioner filed the suit in which the defendants submitted counter claim. The petitioner-plaintiff withdrew his suit, therefore, only counter claim is pending in the court below. According to learned counsel for the petitioner, the trial court framed the issue only on the basis of counter claim but without considering the reply to counter claim filed by the petitioner, therefore, the petitioner submitted application for framing more issues. It appears from the impugned order dated 23rd Nov., 2007 that the trial court dismissed the petitioner's application on the ground of delay. But after going through the issues as framed by the trial 2 court, copy of which is placed on record as Annex.4, this court is of the view that the issues were rightly framed and the petitioner can putforward his all defences in rebuttal to the issue no.2 and the issues proposed by the petitioner are not necessary issues. In view of the above reasons, I do not find any merit in this writ petition and the same is hereby dismissed. (PRAKASH TATIA), J. c.p.Goyal/-