ORDER :

Ashok Kumar Gaur, J.

1. The instant appeal has been filed by the appellant-defendant challenging the order dated 31.07.2021, whereby the application filed by the appellant under Order 14 Rule 5 read with Section 151 CPC for amending and striking out issues has been partly allowed.

2. Learned counsel for the appellant-Mr. Ashok Kumar Pareek submitted that respondent No. 1-Raghunath Agarwal has filed an election petition against the present appellant in respect of municipal elections for Ward No. 134, Municipal Corporation (Greater), Jaipur.

3. Learned counsel submitted that the respondent No. 1, in the prayer of his election petition, has specifically asked only for setting aside the election dated 01.11.2020 and declaration of result dated 03.11.2020. Learned counsel submitted that the prayer clause also included relief of cancellation of election and further direction to conduct the election afresh.

4. Learned counsel for the appellant submitted that in the election petition, filed by the respondent No. 1, a reference was made in para Nos. 7 and 8 that the nomination form of respondent No. 1 was wrongly rejected and he was illegally deprived to contest the election.

5. Learned counsel submitted that though the averment with regard to improper rejection of the nomination form of respondent No. 1, was specifically pleaded, however, no relief was claimed in the election petition seeking for a declaration that rejection of form of respondent No. 1, was to be declared illegal.

6. Learned counsel submitted that initially the Election Tribunal framed two issues vide order dated 12.07.2021.

7. The issues, so framed, are reproduced hereunder for ready reference:-

^^vk;k ÁkFkhZ ds fo:) ÁkFkZuk i= esa mYysf[kr vkijkf/kd ekeysa esa vkjksi fojfpr ugha gq, Fks vkSj bl dkj.k ls ÁkFkhZ dh vksj ls uxj fuxe t;iqj xzsVj ds okMZ uxj 134 ds ik"kZn in gsrq fd;s x;s ukekadu dks fjVfuaZx vkWfQlj uxj fuxe t;iqj xzsVj ¼mi&egkfujh{kd] iath;u ,oa eqnzkad t;iqj o`Rr&f}rh;½ }kjk fujLr djuk fo/k fo:) FkkA blfy, foi{kh la[;k 3 dks lQy ÁR;k'kh ds :i esa ?kksf"kr djus dk ifj.kke fnukad 03-11-2020 dks fujLr djokdj ÁkFkhZ iqu% pquko djokus dk vf/kdkjh gS \

----------ÁkFkhZ

2- vuqrks"k \

fook|d dk;e dj lquk;s o le>k;s x;sA mHk; i{k dh vksj ls vU; dksbZ fook|d ugha lq>k, x;sA**

8. Learned counsel submitted that issue No. 1 was wrongly framed by the Election Tribunal, as there was no prayer in the election petition to declare the election as null and void.

9. Learned counsel further submitted that the Election Tribunal also did not frame the issues relating to limitation, cause of action, locus standi and effect of improper rejection of nomination form of respondent No. 1 and its consequences.

10. Learned counsel submitted that the appellant accordingly moved an application under Order 14 Rule 5 read with Section 151 CPC.

11. Learned counsel submitted that four issues were requested to be framed by the appellant.

12. The issues suggested by the appellant in his application are reproduced hereunder for ready reference:-

^^1- vk;k ;kph us ;kfpdk vUnj fe;kn dh is'k gSA

2- ;kph dh ;kfpdk es ;kfpdk is'k djus dk dkj.k dkWt vkWQ ,D'ku ntZ ugha djus dk ;kfpdk ij D;k ÁHkko iM+sxkA

3- ;kfpdk esa ;kph us viuh yksdl LVsUMk;h (Locus standi) ugha ntZ dh gS bldk ;kfpdk ij D;k vlj iMsxkA

4- ukekadu xyr rkSj ij [kkfjt fd;k x;k gS bldk vuqrks"k ugha pkgus dk ;kfpdk ij D;k vlj iM+sxkA**

13. Learned counsel submitted that by the impugned order dated 31.07.2021, the Court below has partly allowed the application and has permitted two issues to be added as issue No. 1(A) and 1(B) relating to limitation and cause of action.

14. Learned counsel further submitted that the issue Nos. 3 and 4, which were suggested in the application relating to locus standi and improper rejection of nomination form and its effect, have not been permitted to be framed as additional issues.

15. Learned counsel submitted that the Court below has wrongly come to the conclusion that the issue No. 4 was already covered in the is