ORDER :

1. The present writ petition has been filed by the petitioners challenging the order dated 20.02.2019 whereby the application under Order 14 Rule 5 of the Code of Civil Procedure at the appellate stage has been rejected by the learned District Judge, Churu.

2. Learned counsel for the petitioners submits that the issues which have been suggested, ought to have been incorporated by the learned District Judge, while deciding the application and as the appeal is continuation of the suit, the provisions of Order 14 Rule 5 of the Code of Civil Procedure would also apply at the appellate stage.

3. I have considered the submissions made by the learned counsel for the petitioners and have also perused the material available on record.

4. I find that the Trial Court, while deciding the suit, had framed six issues on 09.01.2007 which were not objected to by the petitioners at that stage and no application was moved by the petitioners and the suit came to be decided. The appeal preferred is on the various issues which are decided by the Trial Court and it is the settled law that even an appeal can lie against some of the issues decided by the Trial Court. In such circumstances, merely an a