M.M. Kumar, J. - Code of Civil Procedure, 1908 (for brevity, the Code) challenges the order dated 29.5.2003, passed by Civil Judge (Senior Division), Charkhi Dadri, dismissing the application of the plaintiff-petitioner filed under Order 14 Rule 5 of the Code in which prayer was made for framing of an additional issue by keeping in view the pleadings mentioned in para 1 of the plaint as well as of the written statement. The application has been dismissed primarily on the ground that on 16.10.2002 an application filed by the plaintiff-petitioner for adducing additional evidence was dismissed and the plaintiff-petitioner intended to achieve same object by filing this application. The order of the Civil Judge reads as under :-

"It is rightly argued by the learned Counsel for the defendant that when plaintiff has already led evidence, then application for reframing issue and strike of issue No. 1 is not maintainable. A persual of order dated 16.10.2002 shows that application of the plaintiff for additional evidence was dismissed. It was further observed in that order that plaintiff is negligent and no plausible reason was assigned by him as to why draftsman could not be produce