JUDGMENT :

Sandeep Sharma, J.

1. By way of present petition filed under Art. 227 of the Constitution of India, challenge has been laid to order dated 16.9.2019 passed by learned District Judge, Hamirpur, Himachal Pradesh in CMA No. 629 of 2017 in Civil Appeal No. 30 of 2017, whereby an application under Order XIV, rule 5 CPC having been filed by the petitioner-defendant (hereinafter ‘defendant’) praying therein for framing of additional issues, came to be dismissed.

2. Having heard learned counsel for the parties and perused material available on record vis-a-vis reasoning assigned by learned Court below, while passing impugned order dated 16.9.2019, this Court is in agreement with Mr. Naresh K. Sharma, learned counsel representing the defendant that learned Court below has wrongly interpreted the judgment rendered by Hon'ble Apex Court in Saleem Bhai vs. State, (2003) 1 SCC 557. Careful perusal of aforesaid judgment rendered by Hon'ble Apex Court clearly suggests that the observation/finding of the court that the court, while ascertaining cause of action, is only required to take into consideration the averments contained in the plaint, is altogether in different context. In the case