JUDGMENT 1. - Heard learned counsel for the appellant. 2. This appeal is directed against the order-dated 3.12.2007 passed by the learned Single Judge of this Court in Writ Petition No. 7824/2007 whereby and whereunder the writ application was dismissed. The appellant defendant filed an application in the trial Court under Order 14 Rule 5 of the Code of.Civil Procedure for framing of more issues. The same was rejected by the learned trial Court by saying that issues No.1 and 3 already re-caste virtually covers the issue to be framed again. The learned Single Judge of this Court concurred with a view of the learned trial Court. 3. To us also it appears from the material on record that issues No. 1 and 3 substantially covers the new issue to be re-caste. This suit is of the Year 2005 and are told that the suit is at the stage of evidence. 4. The question of framing of issues may also be considered by the Court below after seeing evidence of the parties and if occasion would arise, the same question may be raised again before the trail Court after conclusion of the evidence. In these backgrounds, the order poised by the learned Single Judge cannot be said to be prejudicial to the interest of the defendant tenant.This appeal is therefore, dismissed.Appeal dismissed. *******