Arun Bhansali, J. - (1.) THIS writ petition has been filed by the petitioner aggrieved against order dated 25.03.2015 passed by the trial court, whereby, the application filed by the petitioner -defendant under Order XIV, Rule 5 CPC seeking framing of additional issues has been rejected by the trial court.
(2.) THE plaintiff -respondent filed a suit for recovery of a sum of Rs. 1,00,000/ - as amount of cheques and interest of Rs. 15,375/ - against the petitioner -defendant with the averments that the amount was lent to the petitioner and was not repaid. A written statement was filed by the petitioner -defendant, inter alia, raising certain preliminary objections and denying the liability; it was, inter alia, claimed that the amount was not lent to the defendant but in fact was lent to one Nand Kishore Moolchandani and the cheques were given by the petitioner by way of collateral security; the amount of loan having been repaid by the said Nand Kishore Moolchandani, nothing was outstanding and, therefore, it was contended that the suit was liable to be dismissed.
(3.) BASED on the pleadings of the parties, the trial court framed four issues on 22.11.2011, which read as under: - - ;