IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU C.R.P.No.2229 OF 2011 Date:21.06.2011 Between:- B.Krishna Reddy ..Petitioner And Md.Sudheendra Rao .. Respondent THE HON'BLE SRI JUSTICE K.C.BHANU C.R.P.No.2229 OF 2011 ORDER:- The Civil Revision Petition is directed against the order, dated 03.06.2011, in I.A.No.515 of 2011 in O.S.No.239 of 2004 on the file of the Principal Senior Civil Judge, Kurnool. 2. Heard both sides. 3. The petitioner herein/defendant filed a petition under Order XIV Rule 1 read with Section 151 C.P.C. to frame following issues as additional issues: i) Whether the suit is maintainable in view of the admission of the plaintiff as P.W.1 without the valid money lending license? and ii) Whether the suit is maintainable in view of the admission of P.W.1 regarding non-furnishing of the suit amount in the income tax returns for the year 2005- 2006? That petition was dismissed on the ground that no plea has been taken in the written statement of the petitioner. 4. There cannot be any dispute that it is for the Court to frame an issue basing on the pleadings under Order XIV Rule 1 C.P.C. The issue may relate to the question of fact or the question of law. Issues arise when a material proposition of fact or law is affirmed by one party and denied by the other. 5. The respondent/plaintiff filed the suit for recovery of money against the petitioner/defendant. Written statement of defendant is filed and trial in the suit has begun. When the pleas with regard to the maintainability of the suit or the non-furnishing of the suit amount in the income tax returns by the plaintiff have not been specifically taken in the written statement, the question of framing those additional issues does not arise. Therefore, the trial Court rightly dismissed the petition. The impugned order needs no interference by this Court, as no illegality is committed in passing the impugned order by the trial Court. 6. The Civil Revision Petition is, accordingly, dismissed. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 21st June, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU C.R.P.No.2229 OF 2011 Date:21.06.2011 AMD