1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.6696/2008 Kallu Ram Saini & Others Versus Smt. Kanno @ Kamla & Others Date of Order :: 29th July, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Vishwas Mittal for Mr. R.K. Mathur for the petitioners Mr. Raj Kumar Sharma for the respondents BY THE COURT: Admit. 2. Heard learned counsel for the parties. 3. This writ petition on behalf of defendants-tenant is directed against the impugned order dated 9th July,2008 passed by the trial court, whereby their application under Order 14 Rule 5 CPC has been rejected. 4. The grievance of learned counsel for the petitioner is that the issue sought to be framed as mentioned in the application is necessary to be framed in the facts and circumstances of the present case and trial court committed an an illegality in rejecting their application. 5. I have considered his submissions in 2 the light of reasons assigned by the trial court for rejecting the application. It has been observed in the order that suit was filed in the year 1987, the written statement was filed in the year 1988, the issues were framed in the year 1996 and additional issue was framed in the year 2003 and case was fixed for final arguments and it is one of the oldest case in the court. The trial court has also observed that present application is not bonafide and it has been filed only for the purpose of delaying the proceedings. 6. After considering the submissions of learned counsel for the petitioner as well as the reasons assigned by the court below for rejecting the application, I do not find any jurisdictional error in the said order so as to interfere with the same. There is no merit in this writ petition and the same is, accordingly, dismissed in limine. (NARENDRA KUMAR JAIN),J. DK