T.H.B.Chalapathi, J.

1. 5th defendant is the petitioner herein, originally he was proceeded ex-parte and an ex-parte order having been set aside he filed his written statement and applied for framing of additional issues under O.14, R.5, Code of Civil Procedure. That application has been dismissed by the trial Court. Hence, the present revision petition.

2. The plaintiff bank filed a suit for recovery of money on the ground that the Ist defendant had obtained a loan from the plaintiff-bank, and defendants 2 and 3 are the partners of Ist defendant-firm and defendants No. 4 and 5 are guarantors for repayment of the loan. The 5th defendant after getting the ex parte order set aside filed a written statement contending inter alia that defendant No. 2 and 3 are not the partners of Ist defendant and, therefore, the suit is bad and that he never executed any guarantee deed in favour of the plaintiff bank. After he filed his written statement, the trial Court framed an issue, namely "whether defendant No. 1 is a partnership firm and defendants No. 2 and 3 are the partners of defendant No. 1 firm?" and placed the burden of proof on 5th defendant regarding this issue. In this revisio